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Cheshire Constabulary is dedicated to its vision “to make Cheshire the safest place in the country, and be a police force here for you when it matters, where it matters”. As part of their commitment to this, the Constabulary asked Crest to identify the information they needed to continue supporting Local Policing Units (LPUs) in policing, and engaging effectively with their communities.
The solution
Crest spent three months reviewing the force’s community engagement strategies, plans and tactics. This included understanding how engagement was structured at a force level, and engaging with officers of various rank and role to discern the realities of, and appetite for, effective local level engagement across the organisation through direct consultation and structured focus groups. Quantitative analysis was carried out of local demographic data and crossed against police recorded data to understand the communities being served, and an index of the information the force held about engagement was collated.
The results
Crest’s team of community intelligence experts presented the findings to senior members of staff and provided a comprehensive report of recommendations to the force. This included highlighting the specific groups in different areas that were underrepresented in existing engagement activities, and suggesting methods for how officers could better engage with them. The report identified areas of existing good practice across the force which could be replicated and built upon, and provided tools and tips for best practice to help LPUs engage more effectively with their communities. | http://crestadvisory.com/project/community-engagement-cheshire-constabulary/ |
Without a doubt, there has been a strained relationship between law enforcement officers and communities worldwide. The trust gap has been significant, especially in the wake of recent incidents involving the use of deadly force by police officers, and their legitimacy has been questioned. The result has been increasing public insecurity.
Fortunately, maintaining public safety through community policing has recorded tremendous success. Community policing depends on police agencies and the communities they serve to develop strong relationships based on mutual trust.
Community policing helps citizens gather information on crime in their communities and collaborate with the police in coming up with solutions to problems related to crime and disorder. Similarly, police must act respecting community values and procedural fairness to gain trust.
Officers can acquire these values through policing degrees such as the Laurier Bachelor of Policing program. Taught from Wilfrid Laurier University, one of Canada’s reputable institutions, the program equips officers to become competent leaders capable of serving the community and exploring other possibilities to improve the lives of the public they serve.
What is community policing?
Community policing is an approach that integrates the shared responsibility of the community and law enforcement officers in ensuring a safe and secure environment for all. It is an ideology that encourages community-based organizational tactics to deal with prospective circumstances that could endanger public safety.
It provides a platform where safety issues are discussed jointly, and solutions are found and implemented. Community policing strives to uphold the law and maintain order in localities without race, ethnicity, or religious discrimination.
Ethnic, religious, and the system of organized law enforcement have long discriminated against some oppressed groups. The unfair treatment usually results in the emergence of circumstances that lead victims into crime.
By preventing such discrimination, community policing is a way to uphold law and order with fairness for all effectively.
Fundamental principles of community policing
Community policing is incredibly useful, yet it can take time to implement. The community and police officers must regularly communicate with one another. However, a broad range of reasons, internal and external, could undermine community policing. Nonetheless, these five top guiding principles can make community policing a success.
Community policing is a philosophy (way of thinking) and a way to put the philosophy into practice (organizational strategy). The process enables the police and the community to collaborate closely in finding innovative solutions to the problems of crime, illicit drugs, fear of crime, physical and social disorder, and the general quality of life in the community.
The ideology operates on the assumption that citizens should have a say in how the police work for them to be able to offer their cooperation and support. It is also based on the conviction that finding answers to today’s neighborhood issues necessitates allowing citizens and police to consider original, novel approaches to community issues outside of a narrow emphasis on specific criminal episodes.
Commitment to community empowerment
The organizational plan for community policing first requires all members of the police force, including sworn and civilian staff, to consider how to put the theory of power-sharing into practice. Here are excellent career tips that help community policing officers kickstart their careers.
The complex adjustment is necessary so that everyone in the department knows the need to concentrate on finding innovative solutions to community problems. The process involves frequently consulting with and informing people about policing and how they would want it conducted.
Community policing also suggests a change inside the department that gives line officers more freedom to make judgments. The approach also offers increased respect for their professional judgment. As full-fledged partners with the police, community members must share the rights and obligations associated with recognizing, prioritizing, and resolving issues.
Decentralized and personalized policing
Police agencies put up a new group of line officers assigned explicitly for community policing to serve as a direct conduit between the community’s residents and the police.
All officers should make daily rounds to achieve success. At the very least, community policing officers must be liberated from the confines of the patrol cars to maintain daily, direct contact with the people they serve in a clearly defined manner. Their role should be changed to being the department’s experts in community outreach.
The vast scope of the community policing officer’s job necessitates ongoing, persistent communication with the law-abiding members of the community. The move enables all teams, including volunteers and the public, to jointly explore inventive solutions to local problems.
Community police officers act as law enforcement officers, responding to calls for help and making arrests. However, they can go beyond this restricted scope to create and oversee extensive, long-term initiatives involving all community segments to find solutions to problems. In addition, the community policing officer serves as a liaison to other governmental and private organizations and finds proactive methods of identifying and solving issues.
Community policing suggests a new agreement between the police and the people they protect. The deal promises to overcome widespread apathy while taming any urge toward vigilantism.
The new partnership, built on mutual trust and respect, raises the possibility that the police might act as a catalyst, pressuring citizens to take responsibility for preventing crime without taking unofficial actions.
It entails asking residents to care for more of their minor issues independently. In exchange, the strategy frees police to collaborate with citizens to create short and long-term solutions for community concerns that promote mutual accountability and respect.
Benefits of community policing
At the very core, community policing emphasizes the importance of advancing community relationships and building community partnerships. In most cases, crime reduction has been the community policing bottom-line benefit. However, there are other benefits, as explained below.
The philosophy of community policing encourages interactions between residents and police officers outside the context of dealing with crimes. The move increases overall engagement, but more significantly, it enhances productive interaction.
When citizens who have only interacted with law enforcement concerning criminal activity get to interact with their neighborhood police officers in other contexts, interpersonal relationships and neighborhood relations are enhanced.
Undoubtedly, good interactions with police significantly improve the community’s opinions of them, thus increasing trust. Governments worldwide recognize this achievement and budget enough funds for the project. For instance, the US government dedicated $512 million toward hiring and operational programs for community policing.
In contrast to the incident-oriented strategy that has tended to predominate the policing sector, community policing encourages the development of a problem-solving orientation toward policing.
Naturally, emergency calls still need to be responded to quickly, and officers spend a significant amount of time dealing with individual occurrences. However, community policing looks for the underlying causes of isolated and multiple incidents.
Officers change these circumstances once discovered to maintain control and stop more incidents from occurring. Community policing officers try to make a more significant, lasting impact than when treating a ten minutes service call.
Community policing strongly emphasizes the value of collaborative efforts among law enforcement, the community, and other organizations in identifying and resolving issues. In addition to other government and private agencies using their resources and authority to address public safety issues, community policing allows citizens to play a more prominent role than in previous decades.
The partnership makes citizens feel part and parcel of the solution, making the strategy more productive. Of course, the extent to which citizens might participate in public safety is subject to certain legal and security restrictions.
Police work typically involves unpleasant interactions with the public. Incidents such as arrests, fines, stops for suspicious activity, warnings to stop, and the inability to significantly improve victim situations make the situations tense.
Luckily, community policing acknowledges this fact and teaches officers practical ways of minimizing hatred as much as possible and interacting positively whenever feasible.
Positive interactions naturally have several advantages: they typically increase both sides’ familiarity, trust, and confidence. They serve as a constant reminder to officers that most of the public respects and supports them. They also offer specific information for criminal investigations and problem-solving, breaking up the monotony of motorized patrol.
Offers more emphasis on crime prevention
Community policing strives to put a preventive emphasis into practice. The approach is founded on the rationale that although citizens value and appreciate quick responses, reactive investigations, and the arrest of criminals, they always want to avoid being victimized in the first place.
Most police departments dedicate some resources to crime prevention through a specialized unit. Community policing, however, digs deeper by highlighting the importance of prevention as a critical component of every officer’s role.
Prevention approaches that community policing takes may involve situational crime prevention that develops specific measures unique to a situation’s particular characteristics. Another prevention measure is community crime prevention, where the police department works closely with a group of residents or individual residents to prevent crime.
Business crime prevention is another measure community policing undertakes that allows businesses to recommend security measures, retail procedures, and personnel practices for crime prevention. All these measures prevent crimes from happening and interrupting citizens’ quality of life.
The focus of community policing is providing personal service to the people, not engaging in rigid and rule-bound activities. The move intends to address one of the most common criticisms the public receives regarding public servants, especially police officers: that they act impartially and treat citizens as numbers rather than actual people.
Of course, not all interactions between police and citizens will be cordial and friendly. However, community officers try to interact with citizens in a way that makes them feel comfortable, open, and satisfied whenever feasible. The easiest way to achieve the relationship is by removing as many artificial bureaucratic roadblocks as possible, allowing citizens to communicate with the police directly through means such as officer business cards, voicemails, slogans, and symbols.
Being incorporated into community policing is a strong belief in the importance and usefulness of civilian involvement in police priorities and practices. Citizens should have a say in government policies in a free and democratic society.
Like other governmental entities, police forces should be accountable and responsive. Through community policing, law enforcement organizations receive valuable support and cooperation from citizens after showing interest in their opinions. Citizen views and suggestions go a long way in preventing and combating crime and making officers’ work more accessible.
Community policing misconceptions
Misconceptions about community policing emerge in many instances. Here are four points to clear the air.
- Community policing is only an all-around answer to some problems. Although community policing reduces fear, crime, and disorder, it does not solve all the community or departmental challenges.
- Community policing is not a new approach. It can be traced back to 1829. However, some aspects of the practice were adopted along the way, and new ones are being crafted daily.
- Community policing does not turn police work into social work. Contrary to many beliefs, community policing creates more serious strategies to fight crime than incident-oriented 911 policing.
- Community policing is not a cut-and-paste process. Although functional elements and principles of community policing can be adopted across the board by security forces and organizations, the implementation of specific activities depends on the jurisdiction, needs, and circumstances.
Security and development are primarily anchored by community-based policing. The approach provides a problem-solving and crime prevention platform, better interaction, and valuable citizen input in making the community a better place to live and work. A police force with the community’s backing and the ability to arrest insecurity significantly fosters long-term political, social, and economic progress.
However, it is helpful to identify five major principles to understand and utilize the full breadth of community policing. These principles keep the spirit of communication and cooperation between both parties alive despite external and internal forces. | https://edularidea.com/importance-of-community-policing/ |
UC San Diego has launched a transformational policing initiative.
Transformational policing is a cultural shift that promotes justice and equity, fostering trust, collaborative community relationships and empowering all officers to make positive change to the benefit of the communities they protect.
The focus of our professional development:
This ongoing collaboration started more than a year ago, defining what equity, diversity and inclusion means for our police, and how we are partners in advancing the educational mission of the university.
Letters from the Chief of Police
UC San Diego Police Chief David Rose shares how the Police Department is working with campus and external partners to enhance training and education and foster a culture of inclusive excellence.
Strategic Plan for Inclusive Excellence
The UC San Diego community engaged in a collaborative and inclusive effort to shape the future of our campus through the UC San Diego Strategic Plan, which provides a framework for sustainable excellence, defines our shared aspirations, and identifies five goals to unify our campus. The Strategic Plan for Inclusive Excellence was developed to aid in the creation of individual plans while affording each unit or division significant latitude to identify the goals and strategies best suited to them.
The Chancellor’s 21-Day Anti-Racism Challenge
UC San Diego Chancellor Pradeep K. Khosla called all Tritons to join him in taking one action a day, for 21 days, to further our awareness, compassion and understanding of the detrimental effects of structural racism on people of color in America. The Chancellor’s inaugural 21-Day Anti-Racism Challenge ran from Aug. 7 to Sept. 4 and centered on anti-Blackness and the Black experience.
Presidential Task Force on Universitywide Policing
Recently retired University of California President Janet Napolitano created a task force to examine the investigative practices, use of force-related policies and training of the UC police departments in an effort to strengthen the departments’ practices and their relationships and interactions with the community. The Task Force report, finalized in early 2019, included 28 recommendations in six areas—the complaint process and policies; use of force, including training, polices and protocols; officer training; establishment of and standards for police advisory boards; community engagement; and transparency and reporting. In June 2020, the final implementation report was issued. | https://police.ucsd.edu/about/transformational.html |
Organizations and individuals representing a wide range of disciplines and perspectives and with a strong interest in improving law enforcement encounters with people with mental illnesses work together in one or more groups to determine the response
program’s characteristics and guide implementation efforts.
Specialized responses to people with mental illnesses are an outgrowth of community policing and as such should reflect a partnership between a law enforcement agency and other stakeholder groups and individuals. Partners for the lead law enforcement
agency should include mental health service providers, people with mental illnesses and their family members and loved ones, and mental health advocates. Based on the nature of the problem, additional partners could include other area law enforcement
professionals; health and substance abuse treatment providers; housing officials and other service providers; hospital and emergency room administrators; crime victims; other criminal justice personnel such as prosecutors and jail administrators;
elected officials; state, local, and private funders; and community representatives. Any stakeholder may initiate the planning for the specialized response, but to take root, the lead law enforcement agency must fully embrace the effort.
At the outset of the planning process, leaders from each of the stakeholder agencies who have operational decision-making authority and community representatives should come together as a multidisciplinary planning committee. This executive-level committee
should examine the nature of the problem and help determine the program’s objectives and design (see Element 2, Program Design ), taking into consideration how the committee will relate to other criminal justice–mental health boards that may be in
place or are in the process of being established. The planning committee also should provide a forum for developing grant applications and working with local and state officials. Although focused primarily on planning decisions, members should remain
engaged during the implementation phase to provide ongoing leadership and support problem solving and design modifications throughout the life of the program.
Agency leaders on the planning committee also should designate appropriate staff to make up a program coordination group responsible for overseeing day-to-day activities. (In some jurisdictions, the two bodies may be the same—particularly those with small
agencies, in rural areas, or with limited resources.) This coordination group should oversee officer training, measure the program’s progress toward achieving stated goals, and resolve ongoing challenges to program effectiveness. The group also should
serve to keep agency leaders and other policymakers informed of program costs, developments, and progress. Both groups’ members should reflect the community’s demographic composition.
To overcome challenges inherent in multidisciplinary collaboration, including staff turnover and changes in leadership, partnership and program policies should be institutionalized to the extent possible. Interagency memoranda of understanding (MOUs) can
be developed to address key issues such as how each organization will commit resources and what information can be shared through identified mechanisms.
Support jurisdictions in exploring
strategies to improve the outcomes of
encounters between law enforcement and
people who have mental illnesses.
Many communities struggle with the PMHC program design process. Communities are unsure how to design and develop a PMHC program that meets their distinct needs and challenges. One way to increase knowledge of PMHCs, is to review programs that other jurisdictions have developed and tailor those programs to your specific community needs.
Law Enforcement agencies interested in expanding their knowledge base, starting, or enhancing a PMHC, can contact The U.S. Department of Justice’s Bureau of Justice Assistance (BJA) or BJA’s Training and Technical Assistance (TTA) Provider. In 2010, BJA selected six police departments to act as national law enforcement/mental health learning sites.
Located across the country, these learning sites represent a diverse cross-section of perspectives and program examples and are dedicated to helping other jurisdictions improve their responses to people with mental illnesses.
The
six learning sites host site visits
from interested colleagues and other local and state government officials, answer questions from the field, and work with BJA’s TTA provider to develop materials for practitioners and their community partners.
TTA
is provided to law enforcement agencies in an effort to assist with the development or implementation of PMHC strategies. Supplemental funds can be made available to agencies that are interested in visiting the learning sites. This is a focused approach intended to provide your agency with access to outstanding peer resources for police-mental health collaboration programs.
To request TTA and receive confirmation within 36 hours of your request,
For frequently asked questions about the Law Enforcement Mental Health Learning Sites, access the
TA FAQs
. | https://pmhctoolkit.bja.gov/learning/essential-elements/collaborative-planning-and-implementation |
C. The Community Era (1980s–Present)
The professional era successfully accomplished many of the reformers’ concerns. Officers were now substantially more removed from the influence of machine party politics and criminal corruption. Police department functions were more centralized, and they operated with greater efficiency. Recruitment standards and training ensured that officers were better equipped to deal with the technical and legal aspects of law enforcement activities. However, by the end of the professional era it was clear that there were limits associated with the professional model. Research and experiments with different forms of policing began to reveal some challenges to the common assumptions held by the professional model. First, it became clear that a concern for traditional crime (e.g., homicide, assault, robbery, burglary) during the professional era had come at the expense of attention to other problems that police considered less serious. Surveys of community residents revealed a deep concern for physical and social disorder within neighborhoods. Residents and community leaders expressed frustration over the inability of police to address problems such as graffiti, prostitution markets, and drunk and disorderly persons. Coupled with this was the realization that what made residents feel safer and more confident in the police was the more visible and interactive experience of having officers patrolling communities on foot (Wilson & Kelling, 1982). Second, the efficacy of the popularized law enforcement approach— random preventive patrol in a vehicle, rapid response, and follow-up investigation—began to be called into question. Research suggested that this strategy was unrelated to reductions in crime rates or improved apprehension of suspects. Furthermore, critics argued that this strategy limited the ability of officers and departments to appreciate the underlying problems connecting criminal incidents (Goldstein, 1979). Finally, it became apparent that the police were ill equipped to deal with crime and neighborhood disorder problems alone. The professional era encouraged the police to view themselves as experts over a narrow range of legal problems; however, it became readily apparent that the range of problems with which the police were dealing was neither narrow nor strictly legal. In addition, both police officers and police administrators began to realize that their efforts to address these problems were limited without the broad support of community members and other nongovernmental organizations. These recognitions culminated in the development of a new philosophy of policing that is reflected in the community era.
Since the 1980s, policing has been characterized by at least three broad changes: (1) organizational restructuring, (2) a broadening of the police role/function, and (3) greater collaboration with communities. In many respects, some of these developments reflected the ideals of policing that had existed during the political era but had since faded in light of the reform movement. Although the community era represents a new philosophy and way of thinking about policing, it is clear that many police departments continue to cling to remnants of the professional era. In this respect, some police departments have been more successful at incorporating fragmented elements of community era reforms but less successful at adapting policies, practices, and coordinated strategies consistent with this new model (J. R. Greene & Mastrofski, 1991).
One of the most significant changes in the community era was a shift toward a more decentralized organizational structure of police departments. Decentralization has been accomplished in at least two different ways: (1) the physical restructuring of police departments and (2) the decentralization of decision making. In an effort to increase resident access to police, many departments have reversed the centralization trend popularized during the professional era. In some locations this has been accomplished by opening neighborhood-based storefront police stations. These locations provide a venue for residents to personally contact police officials with concerns or serve as a host location for police–community meetings. Some police departments have accomplished physical decentralization by restructuring police beats or areas of patrol responsibility so they more closely align with neighborhood boundaries. This, in conjunction with the permanent assignment of patrol officers to the same beats, has ensured that officers and communities become more familiar with one another. In the community era, not only are police departments more physically decentralized but also the organizations themselves have become more decentralized. This has meant that more discretion and decision making have been transferred from those at the top of the organization to those closer to the bottom. This change reflects recognition of the great variation in problems, needs, and assets experienced across urban neighborhoods. In the professional era, policies and decisions tended to be standardized and made by administrators who were too often removed from the unique challenges of individual communities. In an effort to be more responsive to the individual needs of communities, patrol officers and middle managers assigned to specific geographical areas have been given far more responsibility and discretion.
The community era has also forced police departments to broaden their focus and to elevate order-maintenance concerns as a priority activity. Police departments are increasingly recognizing that problems of order maintenance are often a precursor to more traditional crime and frequently create more fear and dissatisfaction within communities than do traditional crimes. Order-maintenance issues can include physical disorder such as abandoned buildings, graffiti, and landlords who ignore municipal housing codes. Order maintenance also includes social disorder such as loud parties, open-air drug markets, and teenagers who are skipping school and hanging out on the streets. An increased focus on order maintenance has required police departments to get far more creative in how they go about solving these problems. As discussed later in this research paper, oftentimes this requires the police to consult with residents and community groups in an effort to determine which disorderly problems are most troublesome and what nontraditional responses might be best suited to addressing them. Alternatively, police have also been experimenting with more traditional law enforcement approaches to deal with order-maintenance issues. Zero tolerance policing, which has also been referred to as aggressive order maintenance, is an approach that has been associated with some reductions in these problems but may also generate more complaints from the public (J. A. Greene, 1999). Therefore, how police departments go about addressing order-maintenance problems represents a critical determinant of police–community relations.
The final defining characteristic of the community era is increased attention to the relationship that the police have with communities. The urban unrest that emerged in the 1960s and 1970s provided dramatic evidence of the need for police departments to take more seriously the relationship they had with communities. With the focus on law enforcement during the professional era there was little incentive for police departments to be concerned with fostering a positive relationship with communities. As experts in crime control, police certainly did not view residents and community groups as equal partners in their fight against crime. An emphasis on order maintenance, the decentralization of police departments, and an increased appreciation for the complexity of crime and urban disorder encouraged police departments to challenge these patterns in the community era. Police are increasingly beginning to view community engagement as a central component of their mission. Within this framework, partnerships and collaboration between police and communities allow these two groups to jointly produce crime control and public safety. Some scholars have referred to this as the coproduction of social control (Scott, 2002). Instead of treating crime as isolated incidents, police in the community era have engaged residents and community-based organizations in long-term collaborative problem solving. In accomplishing this effort, police have turned to members of resident-based organizations, such as block clubs and neighborhood associations. Because of their central location within communities, and because they are frequently most vocal in expressing their concerns about neighborhood problems and the quality of police service, these resident-based organizations have been at the forefront of police–community partnerships. Also during the community era police have broadened their partnerships to increasingly include noncriminal justice government and nongovernment agencies. Examples of government agencies involved in these types of partnerships include school districts, municipal code enforcement, youth services bureaus, parks and recreation, and municipal waste management. In the community era police have also increased partnerships with nongovernment agencies that are working directly with local neighborhoods and communities. Examples of these agencies include community development corporations, private corporations, and nonprofit social service agencies.
Browse criminal justice research papers or view criminal justice research topics. | https://criminal-justice.iresearchnet.com/system/police-community-relations/4/ |
In: Other Topics
...Community Policing Kerry D. Turner Florence Darlington Technical College Community policing is, in essence, a collaboration between the police and the community that identifies and solves community problems. With the police no longer the sole guardians of law and order, all members of the community become active allies in the effort to enhance the safety and quality of neighborhoods. Community policing has far-reaching implications. The expanded outlook on crime control and prevention, the new emphasis on making community members active participants in the process of problem solving, and the patrol officers’ pivotal role in community policing require profound changes within the police organization. The neighborhood patrol officer, backed by the police organization, helps community members mobilize support and resources to solve problems and enhance their quality of life. Community members voice their concerns, contribute advice, and take action to address these concerns. Creating a constructive partnership will require the energy, creativity, understanding, and patience of all involved (Bureau of Justice Assistance, 1994). Reinvigorating communities is essential if we are to deter crime and create more vital neighborhoods. In some communities, it will take time to break down barriers of apathy and mistrust so that meaningful partnerships can be forged. Trust is the value that underlies and links the components of community partnership and problem solving. A......
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...Unit 2 Discussion Board Community Policing The basic concept of community policing is that it is a collaborative effort between the community and the police coming together to reduce and control crime in their neighborhood. It involves local citizens finding ways to help solve community problems and issues alongside the police. Better relationships and communication with the police and the local citizens are the key factors in this working. It should help improve the quality of life in the neighborhood. Community policing is supposed to benefit the police as well as the community. Its focus on them working together is geared toward creating a more positive vision of the police. As opposed to the “us against them mentality”, it’s more of a “we are in this together mentality”. In my neighborhood as well the surrounding geographic area that is manned by the N.Y.P.D. this doesn’t work. Our police agency has a bad reputation and very little trust from the communities. They appear to believe that the number of arrests they make will serve as a crime deterrent. They aren’t good with communicating with the citizens. They have an arrest now explain it to the judge later mentality. In smaller towns in the more rural parts of New York State this can work with the smaller police agencies, in an area where everyone knows each other so to speak. I personally don’t know nor do I recognize 90% of the residents of my building let alone the people in my neighborhood. I......
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...Community Policing George Chu DeVry University Abstract Community policing is a philosophy that promotes organizational strategies, which support the organized use of partnerships and problem-solving techniques, to positively address the immediate conditions that give rise to public safety issues such as crime, social disorder and fear of crime. The police departments for many years have maintained a stressed relationship with the community it serves. The several police department has not aggressively pursued a positive image within the community. The community perceives the police in a negative perception. The community feels that the police department is out of touch with their needs and values. The community also feels that their respective neighborhoods are not safe and that the police department could do a better job of responding. Another community complaint is that the police department could do a better job of patrolling the communities. This research paper will be on community policing and it will weigh the pros and cons of community policing. This research paper will also address the part of how important community policing values of the community it serves. Community Policing Crime has been one of the most important and debated issues in the United States and is largely assumed to be a major problem that keeps getting worse. The media strongly portrays television crime stories through numerous productions. Productions such as, Without Trace, America’s...
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...Policing Paper Community Policing Jason Speece University of Phoenix AJS/502-Survey of Justice and Security November 28, 2011 One of the most effective policing strategies used in law enforcement is community policing. Two experts in this strategy are Robert Trojanowicz and Bonnie Bucqueroux. They have done research and wrote many articles on the topic. Trojanowicz worked for Michigan State University and has recently passed away. Bucqueroux was a victim of domestic violence and has added ideas in this area for community policing. Over the years community policing has become an effective method used by law enforcement to better serve their communities. The concept is to develop a partnership between the police and the community. People in the community need to be able to have trust in the officers patrolling their streets. Community policing is geared at trying to find solutions to issues that may exist in the community. Police and members of the community need to work together to create a safe environment. In community policing the idea is for the police to develop a connection with people. Officers do not just drive around in their cars and never get out. In the community policing model the officers develop relationships with people, especially in specific areas they patrol. They talk to these people on a regular basis, try to get to know them on a personal level, and hope to gain their trust. Many people have a negative view about police officers they......
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...partial fulfillment of the requirements of Bachelor Science in Criminal Justice Charleston Southern University December 2011 ABSTRACT Many police agencies have developed a community policing style approach to fighting and preventing crime. This has worked for some and not so much for others. I have developed a program that interacts with the community and helps fight crime. This project not only reduces crime in an area but may continually keep crime at a low by getting the community to be more involved in day to day activities. You cannot expect the police to do all the crime fighting and then blame them whenever your vehicle gets broken into or your property gets stolen from your front yard. Mount Pleasant Police Department has been around for several years and has always taken the approach to policy community style or community policing. They believe policing this way will help reduce crime and get the community involved. They want officers to walk businesses, patrol neighborhoods, and be social able to show the community we are all nice and to call us for whatever reason. I believe this has back fired because the community calls on us to fix every single problem they have and most are not related to law enforcement at all. I have developed a new program which takes community policing to a new level. Mt Pleasant Police Department has a crime prevention program already implemented. The program seeks to reduce the offender’s perceived opportunity to commit......
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...New Community Policing Unit By Magen Root CRJS210-1401B-03 Professor James Jabbour February 19, 2014 Abstract Community policing is the idea of the police and members of the community working together to help fight and prevent crime. There are many aspects that contribute to the success of the program including, timing of implementation, supervisors, officers, community members, and volunteers. There are many programs developed from community oriented policing Such as the DARE program (drug abuse resistance education), which is still up and running in hundreds of cities and towns. Community Policing According to the Department of Justice, community policing is a “philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.” (n.d). Let’s face it, not a lot of individuals feel very fond of their local police officers. There are many stories about police misconduct, abuse of power, and brutality. These events have nearly severed any trust and confidence the public might have had our police force. Community oriented policing(COP) is a way to get that trust and confidence back for the purpose of making our community a cleaner, safer, and more enjoyable place to live and visit. Responsibilities In order for the COP unit to be successful, we need to get......
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...the policy and practice of community policing today. In the following paper I will discuss and review the literature of the issues and history that have brought about the creation of community policing. I will start from the beginning with Sir Robert Peel and the creation of the Metropolitan Police Force in 1829, to the Political era starting in 1820, and the Professional and Reform era in the 1940’s to 1970 that has lead us to the implementation of community policing today. The policy and practice of community policing will then be explained in detail to give the reader a thorough understanding of the core elements of community policing and what it consists of. Also, how the policy is meant to be used in regards to implementation and who the policy is meant to impact will be discussed. The following paper is merely a review of previous literature on community policing to give a detailed explanation of what it is. From its earliest conception, policing was meant to involve a connection between citizens and police officers alike. Sir Robert Peel, the founder of the Metropolitan Police Force of London in 1829, which is credited with being the earliest assemblage of professional policing, contended that police departments and their communities were meant to share the common goal of protecting the welfare of the community and in order to accomplish this goal the police and citizens had to count on each other (Nadine M. Connell, 2008). Although policing in the United States......
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...The Benefits and Successes of Community Policing February 8, 2015 Community policing requires that approaches to serious crimes be done in creative and innovative ways to ensure that there is long-term improvement in terms of security. In community policing, all crimes are treated as serious social problems and are dealt with accordingly. This kind of policing is not concerned about eradicating crime. Furthermore, number of arrests or crime rates is not the measure of success (Kappeler & Gaines, p. 89). It is concerned about ensuring that society provides opportunities for people to engage in meaningful business. Community policing is a police strategy imposed to create a better relationship between the police and the community. Community policing is defined as “a collaborative effort between the police and the community that identifies problems of crime and disorder and involves all elements of the community in the search for solutions to these problems” (Lorain County Sheriff’s Office, 2009). Does community-based policing reach societies desired outcome and expectations? This is one of many questions that has been raised about the fairly new and controversial subject of community policing. But first, we must better understand exactly what community policing is. Community policing is a philosophy that rests on the belief that people deserve input into the police process, in exchange for their participation and support. It also rests on the belief that......
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...Community and Problem-Solving Policing CJS/210 July 17, 2011 Community and Problem-Solving Policing Introduction In the United States today there are modern laws that are used in policing which are called community and problem-solving policing. Both of these are known to be useful in the community and with the law enforcement when trying to prevent and control crime in the community. At the core of problem-solving policing is responding to the matters within each community all across the United States. With that being said community and problem-solving policing are both improvements to the police and society that understands the use for these methods. I am going to talk about community policing. This method of full-service is really personalized policing where police officers patrol and work in the same area day in and day out. Community policing is a law that is brought down from the police department to provide assistance with the public and also inside the community which is very effective in minimizing crime due to the aid received by the police and individuals in the community. As the community develops an involvement of proactive techniques of community policing certain should then be reduced and managed in a safer manner. Police officers on a daily basis face ethical concerns in which they are the ones that are more experience to handle or answer to them. With that being said a lot of those situations due involve letting people get away......
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...Community Policing Briarcliffe College Professor Toohey 12/17/14 EXECUTIVE SUMMARY Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. Throughout this reading you will get the full concept of “Community Policing” and how it benefits us civilians as a society. LITERATURE REVIEW This section of the essay consists of a grouped summary of published sources that I will be presenting, that I will be using for my paper, you will read about the pros of community policing such sources will be Wycoff and Skogan (1993), McElroy et al (1993), The United States National Institute of Justice (1992), and Bayley (1989). I chose these sources because all these people were all involved with police field. HISTORICAL ANALYSIS On December 17, 1996 the resolution was further amended to expand the Community Policing Task Force from 9 to 15 members. On November 4, 1997 the resolution was further amended (Resolution 73916) to create the Community Policing Advisory Board (CPAB). In 2004, Oakland voters approved Measure Y, he Violence Prevention and Public Safety Act which influenced how Oakland handled community policing and violence suppression. On April 13, 2005 Oakland adopted Resolution 79235. This resolution reiterated Resolution......
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...Community and Problem-Solving Policing CJS/210 There are different types of policing methods used through the different local, state, and governmental policing agencies throughout the United States. However are any of the philosophies better or worse than their counterparts. We will be covering different philosophies used in the current policing administrations today. The first of the two major philosophies that we will cover is called community policing. The primary goal or focus of this policing method is to attempt to involve the community as an active partner in addressing crime problems throughout the community. Community policing sets out to separate the thinking of individual segments consisting of the police, and the community. It instead is trying to make a single joint effort that is completed by both the police department and the community residents working as a single unit to deter or stop crime. The community policing philosophy has an emphasis on partnership and openness to the point that there have been innovative ideas created by the Detroit police department with their mini-station program. The idea behind this was that more officers closer to the community with great community relations skills would help to encourage the community with......
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...2016 Introduction to Criminal Justice Professor James Jackson Semester Assignment: Community Policing Community policing has become a very important and very necessary part of policing and protecting our communities. The concept has been in place for many years. It is actually part of one of the main events in policing reform that occurred between 1960 and the present time. This was actually brought about because of many problems, including questions about the police treatment of minorities and why they were not effective. The Rodney King and Bryant Allen case most notably. Two African American men were videotaped by an observer being beaten by police officers helped to change the face of police. The radical changes that occurred because of this made way for much needed reform, community policing, which has been a tool for effective policing. Our text describes community policing as “a law enforcement program that seeks to integrate officers into the local community to reduce crime and gain good community relations. Community policing typically involves personalized service and decentralized policing, citizen empowerment, and an effort to reduce community fear of crime, disorder, and decay” (pg. 165). Community policing is how the police work with the community to protect the citizens while doing their jobs “effective and efficiently”. Overall, the concept of community policing seems like such a great idea for the citizens being served, as well as the police......
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...Community Polic CJS/210 November 04, 2011 Michael Graham Community Policing Community Policing this is a subject that affects every one big or small and is very wide as well diverse, over the next few paragraphs I will be informing you on couple of things. I will be informing the reader on, what community policing is, what the benefits of community policing are, how community policing differs from traditional policing, and what I have come to believe what would happen if policing agencies adopted only one patrol style. Lets hit this off right with, what is community policing? Now in order to give to you the reader a tangible grasp on the matter I have found the definition of community policing by Friedmann, Robert R. (1992) “Community policing is a policy ad a strategy aimed at achieving more effective and efficient crime control, reduce fear of crime, improve quality of life, Improve police services and police legitimacy, through a proactive reliance on community resources that seek to change crime causing conditions. This assumes a need for a greater accountability of police, greater public share in decision making, and greater concern for civil rights and liberties.” Now by the above definition community policing that is left to the citizens to do the right thing for the right reasons. Community policing can have a good reaction on policing and community moral at the same time it can have a bad impact on community moral. It has been proven through study......
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...Williams LEN 101 Assignment #4 2/9/12 Community policing as defined in the text is “a collaborative effort between the police and the community that identifies problems of crime and disorder and involves all elements of the community in the search for solutions to these problems.” Further expansion upon that statement describes community policing as forging a partnership between police and the community as they work together to solve crimes and identify the underlying problems which cause or promote the commission of crimes, and then working on solutions to overcome identified problems to promote a better quality of life. Community policing differs from tradition policing in that it is a proactive approach to fighting crime and handling the multitude of problems that arise because of crime rather than just investigating and attacking the crime problem after the commission of a crime has occurred. Community policing and community relations are not he same. Community policing can be part of community relations, but where as community relations are merely how the police and public interact with one another community policing is the combined efforts of the public and the police to stem crime and create a better society. Community policing can offer an important opportunity to improve policing services especially in communities that are serious in their desire to work with the police in efforts to reduce crime. Communities that promote information sharing and......
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...Community policing brings police work into a domain traditionally policing units and charging them with improving the quality of life in low and moderate income neighborhoods. Community policing is “a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and police-community partnerships.” The main focus of community policing is on crime and social disorder through the delivery of police services that includes aspects of traditional law enforcement, as well as prevention, problem-solving, community engagement and partnerships. After surveying residents of the community our team has new and improved strategies that will better the community policing and keeps our streets safer. What is community oriented policing and what does it ask of the police officers of today? There is no one commonly recognized definition of community policing, and there is a cautious tendency to label anything and everything as community policing. However, a good working definition would be "a department-wide philosophy of full-service, personalized and decentralized policing, where citizens feel empowered to work in proactive partnerships with the police at solving the problems of crime, fear of crime, disorder, decay, and quality of life. Community policing broadens the nature and number of police functions compared with traditional policing. It emphasizes...... | https://www.termpaperwarehouse.com/essay-on/Community-Policing/333257 |
Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
1 Introduction I n 1968 and 1994, landmark legislation increased the federal govern- ment's involvement in policing. The Omnibus Crime Control and Safe Streets Act of 1968 created what became the National Institute of Jus- tice, which has sponsored a substantial body of research on police practices. The Violent Crime Control and Law Enforcement Act of 1994 encouraged the adoption of community policing, as well as fostering the hiring of many new police officers and the adoption of modern information technology. The 1994 crime act also included a mandate to evaluate policing programs already under way or to be sponsored by funds from the legislation itself. As part of the U.S. Department of Justice's considerable investment in law enforcement practice and research under the 1994 crime act, the Na- tional Institute of Justice (NIJ) and the Community Oriented Policing Ser- vices Office (COPS), both within the Department of Justice, asked the Na- tional Research Council to establish the Committee to Review Research on Police Policy and Practices. The committee was asked to assess police re- search and its influence on policing, as well as the influence and operation of the community policing philosophy. The committee was charged with four specific tasks: · Develop an analytic framework for reviewing existing research on police operations and practices, to identify factors that contribute to crime prevention or reduction, public safety, and police service quality. · Identify other factors influencing crime, public safety and commu- nity satisfaction with policing services, and how they interact with policing practices to influence the impact of policing on the community. 11
12 FAIRNESS AND EFFECTIVENESS IN POLICING · Identify mechanisms for accelerating the diffusion and institutional- ization of innovation in police organizations, to facilitate the adoption of scientifically supported policing strategies, tactics and technologies. · Describe shortcomings or gaps in research on the topics identified in these reviews, and summarize them in a detailed agenda for future research. In the course of our two-year study, the committee considered many aspects of police research and how to best organize our review and conclu- sions. We also set some boundaries. The committee examined police re- search done primarily since 1968, including that sponsored by the 1994 crime act. Since the vast bulk of research is devoted to local law enforce- ment agencies serving communities located in metropolitan areas, the com- mittee made an early decision to focus its attention on these departments. Research on foreign police is reviewed only to the extent that it informs specific topics in U.S. policing. Since the influence of technology on law enforcement practice has not been the subject of much social science re- search--which is the focus of this report--the committee could only trace the increasing technological capacities of the police, rather than draw con- clusions about the nature of its effects. The committee also wrote this re- port with multiple audiences in mind: policy makers, police practitioners, scholars, and other interested readers. Thus in addition to operating under constraints of existing research, we have attempted to address the com- bined interests of these communities without elevating one over the other. No single audience, therefore, will find all the answers to all of their most immediate questions. The committee compensates for whatever is lost by this multiple service by the insights derived from drawing connections among these communities. SCOPE AND THEMES OF THE REPORT The committee developed an analytic framework for organizing polic- ing research that embodies the mandate to effectively control crime and ensure justice. The police are called to prevent crime and disorder and to bring to account those who do not comply, and these goals have shaped their organization and activities. But the public also expects the police to conduct themselves in an impartial manner, producing justice through the fair, effective, and restrained use of their authority. The standards by which police success in meeting these dual expectations is judged have become more exacting and challenging, and police agencies today must find ways to respond in an effective, affordable, and legitimate way. This dual man- date forms the cornerstone of this report. Much of the committee's analy- sis focuses on the evaluation of police operations in light of these two dimensions.
INTRODUCTION 13 In reviewing this body of research, the committee was impressed by the record of growing police openness to research on all aspects of their work. This can serve as an example for all institutions responsible for public safety. Police have been far more willing to accept the use of advanced scientific methods in program evaluation, such as randomized controlled trials, than have other parts of the criminal justice system. Agencies have also been willing to allow systematic observation studies of how police interact with citizens in various situations. They have been remarkably willing to let schol- ars investigate highly sensitive issues, such as use of force and even police misconduct. The community is vitally interested in the quality of policing, and there has been an impressive amount of research on citizen involvement in policing and public safety issues. However, despite this support by prac- titioners and the community, the committee identified significant gaps in what is known about contemporary policing. There are many important subjects about which there is virtually no scientific research whatsoever. Each chapter of the report identifies research priorities, and among our recommendations we call for greater willingness by federal research agen- cies to take advantage of the research opportunities presented by police departments across the country. PLAN OF THE REPORT State of Research on Policing Following this introduction, Chapter 2 provides a broad overview of the development of police research. It focuses on studies that examine how American policing actually works, most of which have appeared since 1967. Early police studies arose out of concern with the fairness and lawfulness of police actions. They documented the enormous discretion enjoyed by offic- ers on the street and the racially discriminatory way in which many deci- sions were made. The next generation of studies began the tradition of contrasting the impact of legal and extralegal factors on officer behavior, reflecting a growing understanding of the complexities of street-level polic- ing. More recent work in this tradition has focused on a narrower topic, the use of deadly force by the police. It has demonstrated the important influ- ence of department policies and leadership on the rate at which citizens are killed. More recently, the issue of racial profiling sparked new interest by the public in the implications of this research. New research examines the effectiveness of civilian review and other administrative mechanisms for dealing with abuse of police authority. While fairness and lawfulness remained key issues in policing, many researchers turned their attention to other issues during the late 1970s and 1980s. Work in the field increasingly focused on the effectiveness of the
14 FAIRNESS AND EFFECTIVENESS IN POLICING standard strategies of policing, ranging from random patrol to criminal investigations, at reducing crime. The conclusions of this research were also critical, for it appeared that many elements of the standard policing reper- toire--including random motorized patrol, rapid response to calls for ser- vice, follow-up investigations by detectives, and unfocused enforcement ef- forts--were of limited effectiveness. A notable feature of this work is the surprisingly limited role for replication studies: many of the most important lessons of research on police effectiveness depend to this day on the conclu- sions of one or a few now-dated studies. The end of the 1980s brought a new focus on the intersection between police and communities. The advent of problem-oriented and community policing heralded new attention to community-based crime prevention. Ear- lier, the concept of "co-production" had been coined to describe the depen- dence of the police on public support and involvement in their efforts to secure neighborhood safety, and this became the focus of new research. The committee notes, however, that research on the police has contributed little to the understanding of their role in the precipitous drop in crime that took place during the 1990s, despite the many claims that are made about it. Chapter 2 also describes the growing methodological sophistication of police research. Individual ethnographic research has been overshadowed by larger scale systematic observational studies; statistical studies now typi- cally employ sophisticated econometric techniques; experimental designs are used whenever possible, to increase the ability to make causal inferences in field settings; and large-scale surveys are routinely used to collect data about individuals and organizations. Organization of American Policing Chapter 3 traces major themes in the development of American polic- ing. It describes a policing "industry" that is highly diverse and decentral- ized, as well as locally controlled and financed. There is a substantial, and growing, private policing component as well. While all of this is consistent with America's democratic tradition, it limits the ability of the federal gov- ernment to spark innovation or encourage uniform and progressive police policies. Instead, such factors as crime, demographic change, local political culture, the courts, and state legislation play important roles in stimulating reactive change within this decentralized system. And fragmentation of the police industry may hinder the development of coordinated responses to domestic antiterrorism efforts, although there is almost no research on this topic at present. At the street level, policing is highly discretionary, and individual offic- ers work virtually without direct supervision. As a result, police depart- ments are highly dependent on personnel arrangements--how they recruit,
INTRODUCTION 15 train, motivate and promote officers--to achieve their goals. The commit- tee found that research on the effectiveness of all of these practices is quite limited. The highly discretionary nature of police work increases the difficulty of ensuring the fairness and lawfulness of everyday policing. Police are au- thorized to exercise their authority in encounters with the public, by issuing citations, making arrests, using physical force, and sometimes employing lethal force. While most encounters are trouble-free, the sheer volume of police-citizen contact means that a large number of individual citizens come away dissatisfied with how they were treated. There is also evidence of racial and ethnic disparities in these assessments, as well as in public opin- ion about the police generally. These disparities contribute to a lowered sense of police legitimacy among minority groups. In addition to their enforcement duties, the police provide a broad range of services to the public, and more recently they have expanded their range of crime prevention efforts, but little research has been conducted on these matters. Most research on detectives is dated, but the committee's review of it seriously challenges the idea that one can substantially im- prove the capacity of the police to solve individual crimes. Traffic enforce- ment commands significant police resources, but it too has escaped the attention of researchers. The emergence of racial profiling on the nation's public agenda is changing that, but the committee concluded that most current data collection efforts in this area are unlikely to speak to any of the policy issues involved. One of our recommendations calls for more attention to the measurement and research design issues involved in the study of traffic enforcement. Explaining Police Behavior Chapters 4 and 5 assess research on the causes of police behavior. Among them are studies that address the central issue of the report: how to ensure the effectiveness and lawfulness of policing. Research in this area includes observational studies of police operations, analyses of administra- tive records, and surveys of the public and the police. Almost all of this research focuses on the work of patrol officers, thus excluding many impor- tant elements of police work. The committee divided research on the determinants of police behavior into analytic categories. Chapter 4 examines the impact of situational fac- tors, the background of citizens they encounter, and officers' characteristics on police work. Situational factors include features of the incident itself, the demeanor of suspects, and their immediate context. Many studies of offic- ers engaged in encounters with citizens contrast the impact of "legally rel- evant" factors with the influence of extralegal factors in shaping their on-
16 FAIRNESS AND EFFECTIVENESS IN POLICING street decisions and actions. The outcomes that have been examined range from making an arrest to using force, negotiating dispute settlements, or choosing to do nothing at all. Research finds that the impact of legally relevant factors is strong. Taking these into account, the evidence is mixed that the social class and gender of suspects play a role, and their effect may be small. The evidence is also mixed about the impact of suspects' demeanor on their eventual treatment. There is widespread concern about the differ- ential treatment of citizens based on their race, and more research is needed on the complex interplay of race, demeanor, context, and other social fac- tors in police-citizen interactions. Police handling of the mentally ill has been the subject of some research, but more is needed. Among the officer characteristics, neither race nor gender has a direct influence on the outcome of routine police-citizen encounters, and there is no clear effect of officer's attitudes, job satisfaction, or personality. While there has been much discussion of the impact of police culture on officer behavior, there is no rigorous evidence regarding its influence. The commit- tee found that research on factors linked to officer recruitment and training is surprisingly limited. There are few studies of the link between an officer's knowledge, skill, ability, or intelligence and actual police practice. There is no strong research support for police education requirements, and research on the effects of training on officer effectiveness is unconvincing. Recruit- ment and training are among the most important activities of police organi- zations, and more needs to be known about their role in ensuring effective and lawful police conduct. Chapter 5 examines the impact of organizational, community, and gov- ernmental factors on the police. The decisions and actions of officers are situated within these larger contexts, and they affect the quality of policing. Organizations exist in order to define the roles of their members and regu- larize the activities of the individuals who fill them. Research indicates, for example, that the policies and practices of police departments directly affect the rate at which both deadly and nonlethal force is used by officers. Ar- rests, citation rates, and measures of success in solving cases vary greatly across police organizations, as do the rate at which citizen's complaints are filed. Research demonstrates that these reflect in part differences in the size, centralization, specialization, and hierarchical structure of agencies, the for- mality of their policies regarding the use of force and other key aspects of police work, and the extent to which they have taken a geographic focus. We review the limited systematic research on "CompStat" style account- ability systems, and call for further investigation of this new management philosophy. Likewise, neighborhood and city-level factors affect both the decisions of individual police officers and the features of their departments. Police- citizen encounters occur in a neighborhood context that seems to indepen-
INTRODUCTION 17 dently affect how they are conducted, and community factors affect police resource allocation decisions and patrol activities. At the city level, issues like how many officers the taxpayers will support are locally determined matters that are affected by a range of political, economic, and crime fac- tors. Local political cultures and the priorities of political leaders affect policies and spending levels as well. The police are importantly affected by the policies and practices of other parts of the criminal justice system, as well as by state and local legislation. The chapter also examines the influ- ence of the federal government in two key police areas, the handling of civil protests and responding to terrorism. Chapter 5 notes that important aspects of police work, indeed activities that often consume the majority of their time, are not captured by current data systems. It calls for the development of measures of informal applica- tions of police authority, service and assistance delivered to citizens, mobi- lizing and working with the community, and problem solving. This could be accomplished as part of the tremendous expansion of the technological capacity of police to gather, analyze, and disseminate information, which also requires careful evaluation. Crime Control Effectiveness Chapter 6 addresses research on police effectiveness at reducing crime, disorder, and fear. There has been a great deal of research on these topics, and the committee has distinguished between studies that employed ad- equate methods for studying them and others about which there is less confidence. The committee concludes that contemporary policing has relied on an operating model emphasizing reactive strategies to suppress crime. Many aspects of the "standard model" of policing are not particularly effective, despite their prominence. The standard model is defined by the more or less across-the-board reliance on random patrol, rapid response to calls for ser- vice, follow-up investigations by detectives, and unfocused enforcement ef- forts. Debates over the proper size of a city's police department also usually hinge on the standard assumption that larger is better when it comes to crime control. In contrast, there is strong research evidence that the more focused and specific the strategies of the police, and the more they are tailored to the problems they seek to address, the more effective the police will be in con- trolling crime and disorder. Research on police effectiveness in attacking chronic concentrations of crime--widely known as "hot spots"--has found that well-managed investigations and crackdowns can suppress crime, deter its future reappearance, and avoid simply displacing a similar number of crimes elsewhere. Discovering hot spots and tracking the effectiveness of
18 FAIRNESS AND EFFECTIVENESS IN POLICING policing efforts against them have been facilitated by the widespread adop- tion of new computer mapping and crime analysis technologies by the po- lice, another new development awaiting careful evaluation and analysis. The committee reviewed evidence of the effectiveness of two widely discussed alternatives to the standard model of policing: problem-oriented policing and community policing. Problem-oriented policing stands in sharp contrast to the standard model because of its focus on developing highly localized responses to the diverse problems that plague different communities. Community policing always involves some form of public involvement, frequently in the identification of priority problems and of- ten with some role for the community and for city service agencies in help- ing solve them. It also involves adopting a problem-solving stance that emphasizes developing local solutions to locally identified problems. Both are examples of what the report dubs "tailored" responses to crime and disorder. Both seek to look beyond the traditional exercise of the law en- forcement powers of the police to reduce crime, disorder, and fear. Our review suggests that such approaches have promise and should be the sub- ject of more systematic investigation. Lawfulness and Legitimacy Chapters 7 and 8 turn to research on the criteria by which society makes judgments about the police: their lawfulness--that is, police compliance with constitutional, statutory, and professional norms--and their legiti- macy--defined by the public's beliefs about the police and their willingness to recognize police authority. Many controversies in policing reflect these broad concerns; the recent crisis regarding racial profiling is only the most recent example of the challenge police agencies face in balancing the de- mands of effective crime control, lawfulness, and legitimacy. Research in this area includes studies of the implementation and impact of court deci- sions and administrative policies on police behavior in the field, as well as survey studies of the public that examine their attitudes and experiences with police in their community. Research has examined police compliance with the rules governing po- lice interrogations, searches and seizures, and the use off excessive and deadly force. Their compliance has been found to be variable, but it can be enhanced by determined police administrators. Research on corruption finds that, like other forms of misconduct, police corruption can be traced in part to lax administrative arrangements and a supportive informal peer culture. The solutions to both problems are generally the same: determined leader- ship, enforcement of department policies and rules, and the creation of new mechanisms for monitoring problem behavior. Research is limited on the impact of formal legal efforts to control misconduct, through criminal pros-
INTRODUCTION 19 ecution and civil suits against individual officers, and federal "pattern and practice" actions against police departments. Another area about which more needs to be known is the effectiveness of civilian oversight bodies and review commissions that have been created to impose external accountabil- ity on the police. Evidence from policing research contradicts any concern that an em- phasis on policing that is fair and restrained will necessarily undermine their crime control effectiveness, and vice versa, for fairness and effective- ness are not mutually exclusive, but mutually reinforcing. The work of this committee suggests that policing that is perceived as fair is more effective in fostering a law-abiding society, and success in reducing crime enhances police legitimacy. In the committee's view, the more lawful the police are, the more likely the public is to embrace their actions and their outcomes. Lawful policing increases the stature of the police in the eyes of citizens, creates a reservoir of support for police work, and expedites community safety by enhancing cooperation with the police. In the end, policing in a democracy must be accomplished by consent; that is, citizens must agree to the exercise of police power. Research has found that people obey the law not just because they are afraid of being punished or because they believe the law is morally right, but also because they believe that the law and its enforcement is impartial and being fairly administered. The conduct of the police, the most visible representative of law and government in most citi- zens' lives, can heavily influence the strength of that judgment. This suggests the need to extend theories of police effectiveness beyond the com- munication of a deterrent threat of punishment to encompass police en- gagement with communities. Future of Police Research Chapter 9 discusses the future of police research, places it in the context of emerging federal policy that can be expected to guide it, and summarizes the committee's major recommendations. The real test of any program of research is what it accomplishes. This report identifies many lines of re- search aimed at enhancing the effectiveness of police in pursuing their dual mandate to control crime and ensure justice. Police chiefs, communities, police, and crime victims all need to know more about these issues. What has been accomplished thus far demonstrates the importance of research on policing. What will be accomplished in the future depends heavily on the priority the federal government places on fair and effective policing. | https://www.nap.edu/read/10419/chapter/3 |
How can you use “intelligences” in a sentence? Here are some example sentences to help you improve your vocabulary:
One is available in the book 7 Kinds of Smart: Identifying and Developing Your Many Intelligences , by Thomas Armstrong, which offers choices such as, "I enjoy entertaining myself or others with tongue twisters, nonsense rhymes, or puns" and "I find it difficult to sit still for long periods of time."
The seven original intelligences are: linguistic, musical, logical-mathematical, spatial, bodily-kinesthetic, interpersonal, and intrapersonal (my favorite, since I have a genius for self-absorption).
One of Gardner's missions is to apply his work to the classroom, since he believes schools are designed by people excelling in linguistic and logical-mathematical intelligences to reward people who share those intelligences.
An accompanying piece grades the "multiple intelligences" movement.
Harvard education guru Howard Gardner made a name for himself years ago with his theory of "multiple intelligences," which posited that many different kinds of intelligence--musical, spatial, linguistic, interpersonal, etc.--balanced differently in different people. | https://my.vocabularysize.com/example-sentence/intelligences |
How do you write an explication of a passage?
The first paragraph should present the large issues; it should inform the reader which conflicts are dramatized and should describe the dramatic situation of the speaker. The explication does not require a formal introductory paragraph; the writer should simply start explicating immediately.
What are the six types of intelligence?
Eight types of intelligence
- Logical-mathematical intelligence.
- Linguistic intelligence.
- Spatial Intelligence.
- Musical Intelligence.
- Bodily-kinesthetic Intelligence.
- Intrapersonal Intelligence.
- Interpersonal Intelligence.
- Naturalistic intelligence.
What intelligence uses a poet?
Linguistic intelligence involves sensitivity to spoken and written language, the ability to learn languages, and the capacity to use language to accomplish certain goals.
What message is conveyed by this poem on killing a tree?
The poem conveys the message that trees are living beings just like any other form of life. They have strong survival instincts and can withstand any type of assault, trauma or crisis. It is not easy to kill them, for they have a never-say-die attitude to life.
What are the two types of intelligence?
In Psychology, there are two types of intelligence, as identified by American psychologists Raymond Cattell and John Horn: fluid intelligence and crystallized intelligence. Their theory holds that an individual’s overall intelligence is a result of different skills and abilities mixing and interacting together.
What are the 10 types of intelligence?
The 10 Types of Intelligence in a Facility Manager
- Verbal–linguistic intelligence.
- Logical-mathematical intelligence.
- Spatial intelligence.
- Musical intelligence.
- Bodily–kinaesthetic intelligence.
- Interpersonal intelligence.
- Intrapersonal intelligence.
- Naturalistic intelligence.
Why teaching poetry is so important?
Poetry can give students a healthy outlet for surging emotions. Reading original poetry aloud in class can foster trust and empathy in the classroom community, while also emphasizing speaking and listening skills that are often neglected in high school literature classes.
What are the seven different types of intelligence?
The Seven Types of Intelligence
- Linguistic. Enjoy writing, reading, telling stories or doing crossword puzzles.
- Logical-Mathematical. Interested in patterns, categories and relationships.
- Bodily-kinesthetic. Process knowledge through bodily sensations.
- Spatial. Think in images and pictures.
- Musical.
- Interpersonal.
- Intrapersonal.
What are the five intelligences?
To broaden this notion of intelligence, Gardner introduced eight different types of intelligences consisting of: Linguistic, Logical/Mathematical, Spatial, Bodily-Kinesthetic, Musical, Interpersonal, Intrapersonal, and Naturalist.
Are all poets mentally ill?
The incidence of mood disorders, suicide and institutionalisation was 20 times higher among major British and Irish poets between 1600 and 1800 according to a study by psychologist Kay Redfield Jamison. In other words, poets are 20 times more likely to end up in an asylum than the general population. | https://turningtooneanother.net/2021/12/19/how-do-you-write-an-explication-of-a-passage/ |
Multiple Intelligences are the set of nine distinct intelligences identified by Howard Gardner of Harvard. This theory has emerged from cognitive research and "documents the extent to which students possess different kinds of minds and therefore
learn, remember, perform, and understand in different ways," according to Gardner (1991).
According to this theory, "we are all able to know the world through language, logical-mathematical analysis, spatial representation, musical thinking, the use of the body to solve problems or to make things, an understanding of other individuals, and an understanding of ourselves. Where individuals differ in the strength of these intelligences - the so-called profile of intelligences -and in the ways in which such intelligences are invoked and combined to carry out different tasks, solve diverse problems, and progress in various domains."
The learning styles are as follows:
- Visual-Spatial
- Bodily-kinesthetic
- Musical
- Existential
- Interpersonal
- Intrapersonal
- Naturalistic
- Linguistic
- Logical -Mathematical
Here is a wonderful infographic and video explaining the same.
What are Multiple Intelligences?
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- What multiple intelligences does Howard Gardner?
- How has Howard Gardners Multiple Intelligences expanded our understanding of intelligence?
- When did Gardner Add the 8th intelligence?
- What theory did Howard Gardner develop?
- What are the 9 multiple intelligences?
- How do multiple intelligences influence teaching?
- What are the 9 levels of intelligence?
Gardners theory initially listed seven intelligences which work together: linguistic, logical-mathematical, musical, bodily-kinesthetic, spatial, interpersonal and intrapersonal; he later added an eighth, naturalist intelligence and says there may be a few more. | http://blog.jensonusa.com/nivenoh2786.html |
In 1983, Howard Gardner wrote the revolutionary book “Frames of Mind – The Theory of Multiple Intelligences” in which he describes seven different forms of intelligence we all possess in varying degrees: linguistic, musical, logical-mathematical, spacial, bodily-kinesthetic, intrapersonal, and interpersonal. Interpersonal intelligence is what makes or breaks most leaders today.
According to Gardner, “Interpersonal knowledge permits a skilled adult to read the intentions and desires – even when these have been hidden – of other individuals and, potentially, to act upon this knowledge.” Fortunately today there are many tools available to help us determine our interpersonal intelligence and enhance it.
Improving our interpersonal intelligence will make us better co-workers, leaders, and influencers. As Gardner says, “interpersonal intelligence is seen in how we notice distinction among others; in particular, contrasts in their moods, temperaments, motivations and intentions.”
Make interpersonal intelligence improvement one of your personal development objectives and empower yourself for greater success. | https://blog.themetissgroup.com/2014/03/ |
Someone could be a brilliant mathematician but inhabit the lowest percentiles of interpersonal intelligence.“The theory distinguishes eight kinds of intelligence: musical, bodily/kinesthetic, spatial, linguistic or verbal, logical/mathematical, naturalist, intrapersonal, and interpersonal.People with Kinesthetic intelligence love movement.Logical-Mathematical A person that has the intelligence to understand logical reasoning and problem solving such as; math, science, patterns, and sequences, has logical-mathematical intelligence.According to this theory, when you find a task or subject easy, you are probably using a more fully developed intelligence.
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I also decided to talk about his theory of bodily-kinesthetic intelligence because I feel this intelligence goes together well with spatial intelligence.This idea shows how linguistic intelligence can be used when dealing with a student who has a greater spatial intelligence.Gardner does not think linguistic intelligence is more important than any of the other intelligences, but I believe that linguistic intelligence sets the basis for the other intelligences.Gardner does not believe that linguistic intelligence is more important then the others, however in our society we put such a great emphasis on linguistic intelligence.Linguistic intelligence seems to have a basis in spatial intelligence also.
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.. Gardner, Howard (1983; 1993) Frames of Mind: The theory of multiple intelligence (2nd ed.).Sternberg successful theory of intelligence are defined as in a given sociocultural context, mental abilities are used to reach one’s goals in life through adaptation, selection and shaping of the environment (Sternberg & Kaufman, 1998, p. 494).Within the above theories, logical mathematical intelligence and analytical intelligence will be compared and contrasted.Gardner Multiple Intelligence Theory and Sternberg Successful Intelligence Theory The two theoretical views of intelligence that are going to be focused on in this assignment are the Howard Gardner’s multiple intelligence theory and Robert J. Sternberg’s successful intelligence the...
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By doing this I will be reducing the amount of stress I will have from studying by not cramming the night before the test.Generally, by being able to read certain charts, it is much easier and faster to comprehend the information than if I was to read the paragraphs about it.Before I never really understood the different ways I studied, I just knew what seemed to work.Now that I am aware I am a mostly a visual learner, have an integrated brain, and have bodily-kinesthetic and logical-mathematical intelligence, I look forward to implementing the newly learned studying techniques with the old, making my college experience as successful as possible.I am a visual learner, have an integrated brain, meaning I use both hemispheres, and ranked h...
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There are 12 different types of intelligence; they are as follows fluid intelligence, crystallized intelligence, practical intelligence, emotional intelligence, musical intelligence, bodily kinesthetic intelligence, logical-mathematical intelligence, linguistic intelligence, spatial intelligence, interpersonal intelligence, intrapersonal intelligence, and naturalist intelligence.Types of Intelligence .New York: McGraw Hill.He gets into a lot of fights so he is using his body skills to do this and it shows a low level of intelligence because he could be using his body skills to accomplish something more productive.They both have very different personality traits and present different types of intelligence.
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Gardner defines “intelligence” not as an IQ but, rather, as the skills that enable anyone to gain new knowledge and solve problems.Combinations of the different types of intelligence abound.7.Intrapersonal (Self Smart) – Intrapersonal-intelligent people learn best by working alone and setting individual goals.Intrapersonal learners are not necessarily shy; they are independent and organized.A hiker fascinated by birdsongs might have strong auditory-musical and naturalistic intelligences, supplemented by bodily-kinesthetic intelligence.
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Triarchic theory of intelligence (Robert Sternberg, 1985) – Intelligence consists of three major parts.The most suitable test that can adequately justify Gardner’s but also Thurston’s theory, is the Wechsler Adult Intelligence Scale (WAIS) developed by David Wechsler who also believed that intelligence is an aggregate of abilities and should be measured as such.The most widely used modern tests of intelligence are the Stanford-Binet, the Wechsler Intelligence Scale for Children (WISC), the Wechsler Adult Intelligence Scale (WAIS), and the Kaufman Assessment Battery for Children (Kaufman-ABC).One criticism of intelligence tests is that they do not really measure intelligence but only a narrow set of mental capabilities.In the late 1990s G...
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Naturalistic Intelligence: Students can be taken out to places with scenic beauty and can be asked to classify different objects and comment on them.Musical/Rhythmic Intelligence: People with this intelligence have musical bent of mind.Intrapersonal Intelligence: People with this intelligence have good self awareness.Logical/Mathematical Intelligence: People with this intelligence have the ability to think in a logical manner.Verbal/Linguistic Intelligence: People with this kind of intelligence have a flair for languages; they nurture interest towards learning different languages and are able to do it quite faster than many others.
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Skills associated with this intelligence are; accessing one’s internal emotions, understanding feelings and using them to guide behavior, and understanding self in relation to others.To maximize the musical intelligence you need to use these techniques; create rhythms out of words, beat out rhythms with hand or stick while reciting concepts, write songs/raps that help you learn concepts, and chant or sing study material along with a favorite tune as you listen.With the intrapersonal intelligence you have the ability to understand one’s own behavior and feelings; self-awareness, independence, time spent alone.The best techniques to maximize this intelligence are; studying in a group, discuss material over the phone or send instant message...
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November 21, 2003. .Some of the characteristics that this intelligence includes is being able to perform physical exercises and have control over voluntary movements.. Children who rely on this intelligence to learn have a good sense of the connection between the mind and the body, such as balance, and most achieve high quality body functioning, or athleticism.The style of learning that stresses the aspect of reflection and relies more on the self is intra-personal intelligence.Funderstanding.November 20, 2003. .
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Since traditional intelligence tests focus mostly on mathematical, linguistic and spatial tests, they cannot be relied on to make sweeping statements about a person’s intelligence.Goddard later accepted that feeblemindedness was not a permanent trait when he observed changes in people’s intelligence after education.If Burt and Goddard incorporated all the complexities in intelligence testing, which modern psychologists know, then their work would have been indisputable.Modern psychologists now know that intelligence is dynamic and can be improved.Sigelman and Rider (285) explain that intelligence in children can either decrease or increase depending on the environment, so one may question Burt’s work on this basis.
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However, he cautions teachers using the multiple intelligence approach in the classroom: “Do not label kids as ‘spatial, but not linguistic’ or, for that... ... middle of paper ... ... when they arrive the store is out of bread.Gardner believes that all people excel in at least one category of intelligence.Can intelligence be measured?He is currently considering adding a ninth category of intelligence: existential (Carvin).Gardner claims that intelligence can not be defined with one definition because intelligence is not one thing.
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Hussain (visual spatial intelligence), Ayn Rand (linguistic intelligence) and Saleim Ali (Naturalistic intelligence).So this is the time when society should recognize their strong multiple intelligence and factors which influence their multiple intelligence, to learn new things in his or her own way and pursue interest and choose future profession which required that particular intelligence considering the importance of multiple intelligence, an idea was conceptualized to find out multiple intelligence among school going children of 12-14 years old in rural and urban area of Haryana with the objective of comparing the multiple intelligence among children in rural and urban areas... – Naturalistic intelligence is the intelligence of natu...
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Intelligence is defined by the American Heritage Dictionary as being the capacity to acquire and apply knowledge.Howard Gardner proposed that there are eight types of intelligence.Boston: McGraw HillAll in all, this sums up my opinion of intelligence.They each offered compelling theories that originated from the viewpoint that a child’s intelligence can be thought of as a number of specific abilities (Santrock, 2009, pg.
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"Multiple Intelligences Disorder" The New Republic.26 Oct. 1998, , 20.Print.Kincheloe, Joe L. Multiple Intelligences Reconsidered.If everyone has different interests and capabilities, how can we judge their intelligence by something as narrow as an IQ test?Go ahead, give yourself a broader definition of intelligence.
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It is a theory that “highlights that intelligence is not fixed, but rather a dynamic capacity amenable to change via good teaching, high motivation, and adequate resources” (Christodoulou, 2009, para.Gardner has proposed a ninth type of intelligence called existential intelligence (Christodoulu, 2009).Joanna Christodoulou takes the opposing view in the article “Applying multiple intelligence”.Some relied more on verbal intelligence abilities, while others required more visual intelligence.However, Gardner explains that he is not sure if this phenomenon should be declared an intelligence, “My hesitation in declaring a full blown existential intelligence stems from my uncertainty about whether certain regions of the brain are dedicated to ...
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Gardner’s theory of multiple intelligence asserts that intelligence is a product of both nature and nurture.In Gardner’s seven areas of intelligence, linguists is the ability to analyze incoming information and utilizing or creating written and oral language, logical-mathematical intelligence is the ability to solve abstract problems and calculate effectively, and spatial intelligence is the ability to change images with the mind, musical intelligence is the ability to create and appreciate sound patterns, and naturalist intelligence is the ability to identify the natural elements of the world, including plants, animals, and weather.Bodily-kinesthetic intelligence is the ability to correctly place one’s body in order to solve problems, i...
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It was in the early twentieth century that Charles Spearman, a British psychologist proposed the theory of “general intelligence” (or “the g factor”) which brought light into modern theories of intelligence.Gardner believed that the general intelligence was unable to fully explain cognitive ability and performance outcomes, and that intelligence is too complicated to be restricted in one concept.Historically, the first people who studied intelligence were neither psychologists nor educators but philosophers such as Plato who linked people’s intelligence to blocks of wax, differing in size and purity (Cianciolo & Sternberg, 2004).Among the two main theories of intelligence: general and multiple intelligence; MI theories have been gene...
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Although Forest many be little slow, he shows his intelligence in many ways.Forest also demonstrates interpersonal intelligence as he is able to interact with others easily throughout the movie.Forest also shows practical Intelligence In this movie in many ways.All these are examples of practical intelligence showing how successful Forest Gump is throughout his life even though he mentally compromised.Aspects of Gardner’s forms of intelligence that Forest displays are bodily kinesthetic skills; Forest is able to perform skills using his whole body such as dancing, being on the ollege football team, excelling at ping pong and long distance running.
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“Intelligence is a psychobiological potential to process information so as to solve problems or to fashion products that are valued in at least one cultural context.” With that he proposes eight different kinds of intelligence.But still open to new possibilities and plausible intelligence, Gardner continued to explore different human capabilities that may be a candidate for intelligence.This article discusses in detail Gardner’s Multiple Intelligence Theory and including its appeal as well as issues and problems of the theory.Multiple Intelligence Overview.Human Intelligence.
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Gardner’s theory can provide a teacher the direction to improve a student’s learning styles in any given intelligence but before that I think teachers start to know students strengths and weaknesses in classrooms.However, teachers begin to plan lessons in terms of meeting the needs of different of the intelligence that is mean, draw new lesson plan by using MI strategies.Multiple intelligence theory (MI) illustrates a practical method to how we identify intelligence and encourage us to use our students’ strengths to learning (Hoerr, 2000).We can also evaluate student through smart checklists or multiple intelligence survey.The best way to develop curriculum by using the theory of multiple intelligences is by thinking about how can conver...
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In his work, Gardner proposed that the traditional definition of knowledge did not encompass all human abilities.Apart from defining the concept of intelligence, Gardner also aimed at addressing the issue of whether methods used to measure intelligence were indeed scientific.Gardner proposed the theory of multiple intelligences in 1983 with an aim of broadly defining the concept of intelligence.The last intelligence was the naturalistic intelligence which encompasses individual ability to deal with nature.In his earlier work, Gardner defined intelligence as the capacity to solve a given problem or design and fashion products that have value in different cultural settings (Smith, 2008).
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His aim was to define the concept of intelligence more accurately and to investigate whether the current methods of measuring intelligence, were in fact, scientific.If in fact, general intelligence were to be proven beyond reasonable doubt, it will irrefutably change the way we view intelligence.Spearman’s general intelligence theory, although controversial, has been around for over 100 years and is still not disproven.It neither refutes a single intelligence nor claims it to be the only intelligence.Other’s theories of multiple intelligence claim the existence of social or emotional intelligence.
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When it comes to memorizing facts I use pictures connected to numbers, such as 1=bun and if the first fact to be remembered happens to be a tree shedding leaves, I would probably draw a picture of a bun-growing-tree dropping hot-cross-buns on plates or something completely ridiculous and will never need to think too hard to recall any information connected to it!I do not think I prefer logical/mathematical learning, but definitely need order in my mind-maps, as they always end up as straight or angular lines joining colorful blocks of information and never look like the trees they probably ought to.I hate writing and love moving, therefore I need to get up and stretch or walk around a little, every so often while studying.As long as I in...
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This writer no longer feels insecure to other people with a higher intelligence then mine.According to Howard Gardner musical intelligence runs in an almost structural parallel to linguistic intelligence.Interpersonal Intelligence: the ability to understand other people.Intrapersonal Intelligence: having an understanding of yourself; knowing who you are, what you can do, what you want to do, how you react to things, which things to avoid, and which things to gravitate toward.Naturalist Intelligence: the ability to discriminate among living things (plants, animals) and sensitivity to other features of the natural world (clouds, rock configurations).
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According to Howard Gardner, human beings have nine different kinds of intelligence that reflect different ways of interacting with the world.For Gardner, a person must satisfy a range of these criteria in order to quality as a person possessing intelligence.Multiple Intelligences is a theory about the brain that says human beings are born with a single intelligence, that cannot be changed, and is measurable by a psychologist.Most intelligence tests only one or two intelligences, usually language and logic.The theory basically implies that other than linguistic and mathematical competence, there are other or multiple aspects of the learning that should be considered as intelligence also.
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A person that excelled in this intelligence would be employed as an engineer, mathematician or scientist.In the following paragraphs I have included some detail about each intelligence and the type of job a person that excelled in each of them might have.He believes that everyone has eight different intelligences that, those being linguistic intelligence, logical-mathematical intelligence, musical intelligence, bodily-kinesthetic intelligence, spatial intelligence, interpersonal intelligence, intrapersonal intelligence and naturalist intelligence, with the last one being added later in 1999.A job a person that excelled in linguistic intelligence would be a lawyer, a musician writing lyrics or a speech writer.In musical intelligence the p...
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.. As one of various factors that influence educational and instructional process, intelligence has its own affect in designing a new approach which helps educators and instructors to deal with the diversity and individual uniqueness of the learners in one learning environment by using different learning styles.McFarlane states “The very definitions of intelligence provided by both these theorists reflect the same detachment from traditionalist theories of intelligence that is espoused by Gardner.Moreover, developed social interaction and interpersonal skills and increased their importance of defining intelligence as a wider range of human capabilities which helps to express an understanding of individual inimitability as the moderating...
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Interpersonal intelligence is the ability of understanding people.The first two are considered fundamental and most revered in the public school system, they are Linguistic intelligence and Logical-Mathematic intelligence.United States, CopleyLinguistic intelligence includes the capability to use, speak and learn languages and words.Visual-Spatial intelligence recognizes patterns of space.
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Traditionally, schools have highlighted the development of logical and linguistic intelligence but many students do not learn well in that environment.Even college aptitude tests are “thinly disguised intelligence tests.” (Myer 432) For example a child that takes longer to learn multiplication does not mean the child is dumb but that the child is more intelligent in other areas.Some say he uses the word intelligence in place of ability.The ninth intelligence is not fully confirmed yet but it is existential which is about contemplating phenomena or questions beyond sensory data.(Chapman) Linguistic intelligence deals with words, spoken or written. | https://oessays.com/category/bodily-kinesthetic-intelligence-definition-1/ |
Does everyone have all multiple intelligences?
While all people possess some level of each intelligence, most will experience more dominant intelligences that impact the way they learn and interact with the world around them.2018-02-06
What is bodily kinesthetic intelligence in psychology?
Bodily kinesthetic intelligence is the capacity to manipulate objects and use a variety of physical skills. This intelligence also involves a sense of timing and the perfection of skills through mind–body union. Athletes, dancers, surgeons, and crafts people exhibit well-developed bodily kinesthetic intelligence.
What is Gardner known for?
Howard Gardner, (born , Scranton, Pennsylvania, U.S.), American cognitive psychologist and author, best known for his theory of multiple intelligences.
What is Howard Gardner’s theory?
Howard Gardner’s theory of multiple intelligences proposes that people are not born with all of the intelligence they will ever have. This theory challenged the traditional notion that there is one single type of intelligence, sometimes known as “g” for general intelligence, that only focuses on cognitive abilities.2020-06-09
Can a person possess more than one intelligence?
Each person possesses each intelligence to an extent, but there is always a primary, or more dominant, intelligence. The work on multiple intelligences began in the early 1980s with Howard Gardner, and the research continues.2018-02-06
What are the main theories of intelligence?
Major theories include Sternberg’s triarchic theory, Gardner’s theory of multiple intelligences, and Piaget’s theory of development. Biological theories emphasize the relationship between intelligence, and the brain and its functions.
Who is an example of bodily kinesthetic intelligence?
People with bodily-kinesthetic intelligence: Are skilled at dancing and sports. Enjoy creating things with his or her hands. Have excellent physical coordination.2021-07-28
Does everyone have all 8 intelligences?
Gardner claims that all human beings have multiple intelligences. These multiple intelligences can be nurtured and strengthened or ignored and weakened.2018-02-06
How many types of intelligence theory are there?
Criticism. Gardner’s theory has come under criticism from both psychologists and educators. These critics argue that Gardner’s definition of intelligence is too broad and that his eight different “intelligences” simply represent talents, personality traits, and abilities.2021-07-28
What are the 8 theories of intelligence?
To broaden this notion of intelligence, Gardner introduced eight different types of intelligences consisting of: Linguistic, Logical/Mathematical, Spatial, Bodily-Kinesthetic, Musical, Interpersonal, Intrapersonal, and Naturalist.2020-06-09
Can a person have all 8 types of intelligence?
Gardner developed a series of eight inclusion criteria while evaluating each “candidate” intelligence that was based on a variety of scientific disciplines. He writes that we may all have these intelligences, but our profile of these intelligence may differ individually based on genetics or experience.2020-06-09
What are the 3 types of intelligence?
Figure 7.12 Sternberg’s theory identifies three types of intelligence: practical, creative, and analytical.
What are the basic principles of Gardner’s theory?
Gardner proposes seven primary forms: linguistic, musical, logical-mathematical, spatial, body-kinesthetic, intrapersonal (e.g., insight, metacognition) and interpersonal (e.g., social skills).2018-11-30
Why is it important to understand Gardner’s theory?
Students often equate intelligence with grades and/or test scores. But teaching students about Howard Gardner’s multiple intelligences theory can show them that they are all intelligent in different ways. This perspective can boost their confidence and increase their motivation to learn.
What are the three components of Howard Gardner’s?
Three components of Howard Gardner’s definition of intelligence are the ability to create an effective product or offer a service that is valued in a culture, a set of skills that make it possible for a person to solve problems in life, and the potential for finding or creating solutions for problems, which involves
What is the main theory of intelligence?
Triarchic Theory of Intelligence This theory is based on the definition of intelligence as the ability to achieve success based on your personal standards and your sociocultural context. According to the triarchic theory, intelligence has three aspects: analytical, creative, and practical (Sternberg, 1985).2020-07-16
How many intelligence can a person have?
First introduced in his 1983 book “Frames of Mind,” Howard Gardner, a psychologist and professor at Harvard University, states that there are eight types of human intelligence — each representing different ways of how a person best processes information.2021-03-10
What is intelligence and theories of intelligence?
Intelligence is one of the most talked-about subjects in psychology, but no standard definition exists. Some researchers have suggested that intelligence is a single, general ability. Other theories of intelligence hold that intelligence encompasses a range of aptitudes, skills, and talents.2022-03-01
Who is the father of theory of intelligence?
Howard Gardner
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The theory of multiple intelligences was developed in 1983 by Dr. Howard Gardner, professor of education at Harvard University. It suggests that the traditional notion of intelligence, based on I.Q. testing, is far too limited. Instead, Dr. Gardner proposes eight different intelligences to account for a broader range of human potential in children and adults.
These intelligences are:
Dr. Gardner says that our schools and culture focus most of their attention on linguistic and logical-mathematical intelligence. We esteem the highly articulate or logical people of our culture. However, Dr. Gardner says that we should also place equal attention on individuals who show gifts in the other intelligences: the artists, architects, musicians, naturalists, designers, dancers, therapists, entrepreneurs, and others who enrich the world in which we live.
Unfortunately, many children who have these gifts don’t receive much reinforcement for them in school. Many of these kids, in fact, end up being labeled “learning disabled,” “ADD(attention deficit disorder) [sufferers],” or simply underachievers, when their unique ways of thinking and learning aren’t addressed by a heavily linguistic or logical-mathematical classroom.
The theory of multiple intelligences proposes a major transformation in the way our schools are run. It suggests that teachers be trained to present their lessons in a wide variety of ways using music, cooperative learning, art activities, role-play, multimedia, field trips, inner reflection, and much more. The good news is that the theory of multiple intelligences has grabbed the attention of many educators, … and hundreds of schools are currently using its philosophy to redesign the way it educates children. The bad new is that there are thousands of schools still out there that teach in the same old dull way, through dry lectures, and boring worksheets and textbooks. The challenge is to get this information out to many more teachers, school administrators, and others who work with children, so that each child has the opportunity to learn in ways harmonious with their unique minds.
The theory of multiple intelligences also has strong implications for adult learning and development. Many adults find themselves in jobs that do not make optimal use of their most highly developed intelligences (for example, the highly bodily-kinesthetic individual who is stuck in a linguistic or logical desk job when he or she would be much happier in a job where they could move around, such as a recreational leader, a forest ranger, or physical therapist). The theory of multiple intelligences gives adults a whole new way to look at their lives, examining potentials that they left behind in their childhood (such as a love for art or drama) but now have the opportunity to develop through courses, hobbies, or other programs of self-development.
How to Teach or Learn Anything 8 Different Ways
One of the most remarkable features of the theory of multiple intelligences is how it provides eight different potential pathways to learning. If a teacher is having difficulty reaching a student in the more traditional linguistic or logical ways of instruction, the theory of multiple intelligences suggests several other ways in which the material might be presented to facilitate effective learning. Whether you are a kindergarten teacher, a graduate school instructor, or an adult learner seeking better ways of pursuing self-study on any subject of interest, the same basic guidelines apply. Whatever you are teaching or learning, see how you might connect it with…
For example, if you’re teaching or learning about the law of supply and demand in economics, you might read about it (linguistic), study mathematical formulas that express it (logical-mathematical), examine a graphic chart that illustrates the principle (spatial), observe the law in the natural world (naturalist) or in the human world of commerce (interpersonal); examine the law in terms of your own body [e.g. when you supply your body with lots of food, the hunger demand goes down; when there’s very little supply, your stomach’s demand for food goes way up and you get hungry] (bodily-kinesthetic and intrapersonal); and/or write a song (or find an existing song) that demonstrates the law.
You don’t have to teach or learn something in all eight ways, just see what the possibilities are, and then decide which particular pathways interest you the most, or seem to be the most effective teaching or learning tools. The theory of multiple intelligences is so intriguing because it expands our horizon of available teaching/learning tools beyond the conventional linguistic and logical methods used in most schools (e.g. lecture, textbooks, writing assignments, formulas, etc.).
To get started, put the topic of whatever you’re interested in teaching or learning about in the center of a blank sheet of paper, and draw eight straight lines or “spokes” radiating out from this topic. Label each line with a different intelligence. Then start brainstorming ideas for teaching or learning that topic and write down ideas next to each intelligence (this is a spatial-linguistic approach of brainstorming; you might want to do this in other ways as well, using a tape-recorder, having a group brainstorming session, etc.). Have fun!
Excerpted from http://thomasarmstrong.com/multiple_intelligences.htm.
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Learning English can be fun and exciting! Just remember to take your time in learning, understanding and memorizing new vocabulary. Remember to pay attention to the grammar and pronunciations.
February 19, 2012
Multiple Intelligences
Workshop on Multiple Intelligences from Howard Gardner's Theory:
Wednesday, February 22nd at 7:30 am:
Group Session-will discuss and explore the multiple intelligences; understand how you learn best:
1) Linguistic
2) Logical-Mathematical
3) Spatial
4) Bodily-Kinesthetic
5) Musical
6) Interpersonal
7) Intrapersonal
8) Naturalist
9) Existential
*If unable to make this session time, please sign up for private lesson and note that you would like to do the Multiple Intelligences Workshop lesson.
next:Making the Most of Your Lessons! | http://www.myskyenglish.com/mobile/m_entry/196 |
This theory suggests that there are eight types of intelligences including Linguistic, Logical-mathematical, Spatial Bodily-Kinesthetic, Musical, Interpersonal, Intrapersonal, and Naturalist Intelligences. Every person uses all of these intelligences, but may be stronger in some areas and weaker in others. Depending on which intelligences you favor, you will learn better in certain situations and by particular methods. An attached link provides a Multiple Intelligence test- find out what you are! | https://www.uakron.edu/etrain/pedagogy/multiple-intelligences.dot |
Frames of Mind (1983) is a landmark text that first proposed the psychological theory of multiple intelligences. Upending the long-held conception that intelligence is just one general, monolithic trait, it argues instead that there are several intelligences that everyone possesses in different quantities. By studying them, educators and policymakers can reshape the educational system to benefit a much greater number of students than the current programs do.
Content Summary
Who is it for?
What’s in it for me? Get acquainted with the psychological theory that reshaped Western education.
The modern conception of intellect is severely limited.
Multiple intelligence theory could be used to capitalize on people’s inherent potential.
Linguistic intelligence implies a high awareness of language and its properties.
Musical intelligence involves sensitivity to the properties of sound.
Logical-mathematical intelligence centers around abstract reasoning.
Spatial intelligence is used for visualization and orientation in space.
Skilled use of the body reflects bodily-kinesthetic intelligence.
The personal intelligences deal with knowledge of yourself and others.
Educational systems should be modified to reflect the theory of multiple intelligences.
Summary
About the author
Who is it for?
- Psychology fans interested in one of the field’s significant texts
- Educators, teachers, and tutors who want to better understand their students
- Anyone fascinated by the human mind
What’s in it for me? Get acquainted with the psychological theory that reshaped Western education.
Intelligence: it’s a single, general trait that all people possess in greater or lesser quantities. Or so people in Western societies tend to believe, anyway. And the idea is reinforced by tests that purport to measure a person’s intelligence.
But while it’s true that these tests can predict academic success, they ignore all the other forms of success available to a person. Also, IQ tests primarily address logical and linguistic abilities. Aren’t there many other competencies a person can have?
Enter the theory of multiple intelligences, which argues that within the human brain there’s not one, but several different intelligences that operate somewhat independently from one another. The summary that follow will explore both these and some potential implications of the theory.
In these summary, you’ll learn
- why the ability to recognize faces isn’t a type of intelligence;
- how Dalton capitalized on spatial thinking in the field of chemistry; and
- how music could help teach computer programming.
The modern conception of intellect is severely limited.
Picture three individuals. The first is a 12-year-old Puluwat boy from the Caroline Islands. His elders have selected him to become a master sailor, which he’ll do by combining extensive knowledge of sailing, stars, and geography. The second individual is a 15-year-old Iranian boy who’s memorized the entire Koran, mastered Arabic, and is now going to a holy city to learn to become a religious leader. The third and final individual is a 14-year-old Parisian girl who’s just learned how to use a computer program to compose musical pieces.
Three competent individuals, each taking on a challenging task and attaining a high degree of achievement – you could reasonably say that they all exhibit intelligent behavior. Yet current methods of assessing intelligence have no way of measuring their potential or achievements.
The key message here is: The modern conception of intellect is severely limited.
The word intelligence has been used so often that it naturally conjures up images of itself as a tangible, measurable quality. But it’s better used as a convenient shorthand that describes a person’s potential to attain a high degree of competence in a particular area. Which areas, exactly?
Well, the author’s list consists of seven intelligences: linguistic, musical, logical-mathematical, spatial, bodily-kinesthetic, intrapersonal, and interpersonal.
To come up with that list, he used several criteria. One is that, for a competence to be considered a distinct type of intelligence, it must be possible for brain damage to isolate it. That is, if a particular area of a person’s brain is damaged, their skill in that specific area must be markedly diminished with little or no impact on their other abilities.
However, the competence being considered must also enable individuals to find and solve problems. For instance, the ability to recognize faces can be isolated by brain damage, so it meets the first criterion. But the ability to recognize faces doesn’t lend itself to problem-solving or the acquisition of new knowledge, so it’s not an intelligence.
Importantly, the author acknowledges that his list of criteria is by no means definitive. That’s because he’s considering intelligence broadly, taking into account multiple levels of analysis. It’d only be possible to come up with a complete list if you stuck to one level, like neurophysiology. But that would mean ignoring other possible levels of analysis, like the correlations between competences and outcomes and how well they predict a person’s academic success.
Of course, this limitation raises a question: Why try to define intelligences at all?
Multiple intelligence theory could be used to capitalize on people’s inherent potential.
Scientists have come up with wildly different estimates about whether or not intelligence has a genetic component. Some claim that up to 80 percent of the variability in intelligence scores in the general population can be chalked up to genetics. Meanwhile, other scientists estimate a heritability of just 20 percent, and some even believe that intelligence can’t be inherited at all.
Given this variability, should all language referring to intelligence as an inherited trait be set aside? It might be better to instead consider certain individuals as genetically “at promise” for a particular talent. Having this “diagnosis” doesn’t mean they’ll develop the talent, of course. A person can be born with the ability to become a great chess player, but if she’s never given a chessboard, she’s not going to get very far.
The key message here is: Multiple intelligence theory could be used to capitalize on people’s inherent potential.
From a genetic perspective, a stimulating environment can help an individual reach a high level of competence in a particular area. But the study of genetic inheritance is incredibly complicated, and it’s not easy – or is sometimes impossible – to separate a person’s inherent genetic abilities from her environmentally acquired traits.
Two key principles from the field of neurobiology are a little more useful in understanding human cognitive abilities: canalization and plasticity. Canalization is the tendency of an organic system to follow a particular developmental path. For instance, the growth of the human nervous system is remarkably predictable. Cells start out in the neural tube – part of the embryo – and eventually migrate to the areas where they’ll become parts of the brain and spinal cord.
Plasticity, on the other hand, describes the potential for a wide range of environments to impact development. The brain is particularly plastic when it comes to language; if the entire, say, left hemisphere of a child’s brain is removed during the first year of her life, she’ll still be able to speak quite well later on. But there’s a caveat: this plasticity starts to disappear later on in life. An adult whose left hemisphere is removed will almost certainly experience extreme linguistic difficulties.
The theory of multiple intelligences is significant because it could help societies capitalize on the plasticity of young children’s brains. Educators could draw on early knowledge of students’ proclivities to enhance their educational opportunities. Finally, policymakers could use multiple intelligence theory to consider new ways of training and heightening intellect on a broad, societal scale.
Linguistic intelligence implies a high awareness of language and its properties.
When working on a poem, the writer Robert Graves was struggling over a particular line. It originally read, “and fix my mind in a close pattern of doubt.” But he was bothered by the word pattern; he felt that there must be some better substitute. “Frame of doubt” sounded too formal. “Net of doubt” was too negative.
Finally, Graves hit upon the word “caul.” The word had many different senses: it simultaneously referred to a type of woman’s cap, a spider web, and a membrane that sometimes covers the head of a child when it’s born. All of those fit within the poem – and even better, “close caul” alliterated nicely. In the end, the line read, “and fix my mind in a close caul of doubt.”
This kind of agonizing over the meanings and sounds of words is representative of highly developed linguistic intelligence.
The key message here is: Linguistic intelligence implies a high awareness of language and its properties.
Poets are good examples of people with high linguistic intelligence. They’re sensitive to all the shades of meaning a word suggests. They also consider not just how that meaning may intersect with the meanings of words in other lines, but also whether the words sound good together.
Of course, poetry is far from the only task to which linguistic intelligence can be applied. For example, it’s crucial in rhetoric – the use of language to convince other people of a course of action, as politicians do. Linguistic intelligence can also be used for explanation, especially when teaching and learning concepts and metaphors.
Neurobiologically, linguistic intelligence is the most thoroughly studied of all the intelligences. Scientists have detailed knowledge of how linguistic skills develop, from a child’s babbling during his opening moments of life to the strings of words he utters at age three and the adultlike syntax he can employ by age four or five. And this development carries across cultures – everywhere in the world, people use some form of language to communicate.
In most individuals, linguistic ability is localized in the left hemisphere of the brain. Correspondingly, damage to particular areas in this hemisphere causes damage to specific linguistic abilities. For instance, impairments in Broca’s area, which is part of the frontal lobe, cause a person to rely heavily on simple sentences with little inflection or modification – almost like an extreme version of Ernest Hemingway’s writing style.
Musical intelligence involves sensitivity to the properties of sound.
Three preschool-aged children have just performed at a musical audition. The first child accurately and emotively played a Bach suite for solo violin. The second sang a complete aria from a Mozart opera after hearing it sung just once before. The third played a simple minuet for piano that she composed herself.
Each of these children is a hypothetical example of a musical prodigy, and they’ve all arrived at their talents via different routes. The first child participated in the Suzuki Talent Education Program, which teaches very young Japanese children to play string instruments. The second has severe autism, which in his case manifests as an inability to verbally communicate with others coupled with a talent for flawlessly singing back any piece of music he hears. And the third child was raised in a musical family; that experience enabled her to pick out and create tunes on her own, like a young Mozart. What the children all have in common is musical intelligence.
The key message here is: Musical intelligence involves sensitivity to the properties of sound.
Musical intelligence is tied to a person’s auditory-oral capabilities. Skill in this sphere allows individuals to understand the meaning of rhythmically arranged sets of pitches – and produce those pitches themselves.
Just as poetry can be thought of as the culmination of linguistic intelligence, musical composition can be thought of as the culmination of musical intelligence. While very few people will ever become composers, research has shown that almost everyone can at least appreciate the basic structure of music. They can group a piece with a certain rhythm together with other pieces in a similar rhythm. Or, given a piece in a certain key, they can judge which sort of ending is more or less appropriate.
Like language, music relies heavily on a person’s auditory tract. Yet musical intelligence is distinct from linguistic intelligence because the ways the brain processes and stores pitch are different from the ways it stores other sounds such as language.
Here’s the proof. In a study done by psychologist Diana Deutsch, a series of tones were played for participants, who were asked to remember them. Then, different sounds were played. If those sounds consisted of other tones, subjects had trouble remembering the original tones and made errors 40 percent of the time. But if the interfering material was verbal – words or numbers – participants did much better: their error rate dropped to just 2 percent.
Logical-mathematical intelligence centers around abstract reasoning.
A child is sitting on the floor in front of a set of objects. She decides to count them and determines that there are ten. Then she points to the objects in a different order. Ten objects again! She tries over and over. Eventually, she begins to understand that the number ten represents all the elements in the set, no matter which order she counts them in.
This child has naturally arrived at an insight about the concept of number. In doing so, she’s exercised her logical-mathematical intelligence. This type of intelligence begins through interaction with the world of objects. As it develops, it becomes more and more abstract until it enters the realms of logic and science.
The key message here is: Logical-mathematical intelligence centers around abstract reasoning.
At some point, an aspiring mathematician is likely to find herself presented with a long chain of propositions – that is, mathematical statements. The ability to remember the links in the chain may help her understand them. But a good memory isn’t a mathematician’s true strong suit. Instead, it’s her ability to follow long chains of reasoning – to understand the logical links between mathematical statements and grasp their overall meaning. Like painters or poets, mathematicians are concerned with patterns. They’re not concerned with language or pitch, though; it’s ideas they’re interested in.
It’s impossible to overstate how abstract mathematics is. The discipline asks a person not just to find analogies, but to find analogies between different kinds of analogies. It deals with imaginary numbers, irrational numbers, paradoxes, possible and impossible worlds, and so on.
So where is mathematical ability located in the brain? At the moment, there’s only a fragile consensus about that, but it seems to be centered in the brain’s left hemisphere. Typically, logical-mathematical abilities decay after generalized diseases like dementia. And there are also conditions like Gerstmann syndrome, where children experience isolated impairment in learning arithmetic and have difficulty recognizing and identifying their fingers and distinguishing left from right.
In modern Western society, logical-mathematical intelligence is the most privileged intelligence of all. And it’s often said that this intelligence guides the course of human history. There’s only one logic, and only those with logical-mathematical intelligence can exercise it – or so the theory goes. The author disagrees. Though this intelligence has been deeply important in the West and is highly equipped to handle certain problems and tasks, it can’t solve everything.
Spatial intelligence is used for visualization and orientation in space.
If you can, visualize a tall animal – say, a horse – in your head. From just that image, can you determine which point is higher – the top of its tail or the base of its head? Now try this one. Visualize folding a piece of paper in half three times. How many rectangles are created by the folds after you’re finished?
It’s probably clear right away whether or not these tasks are difficult for you. Though different, both are related to spatial intelligence. They ask you to visualize images in your head and utilize your understanding of space. Ultimately, this intelligence is all about the capacity to accurately perceive the visual world, transform and modify that perception, and recreate it even when the visual stimulus is no longer in front of you. Oh, and in case you’re still thinking about those rectangles in that piece of paper: the answer is 8.
The key message here is: Spatial intelligence is used for visualization and orientation in space.
Despite the focus on perceiving the visual world, spatial intelligence can actually operate independently of the ability to see. This means that individuals with blindness can still have highly developed spatial intelligence. Of course, people who’ve been blind since birth can’t perceive certain aspects of it, like color. But they can recognize sizes and shapes by using their other senses.
Spatial abilities allow people to find their way around, whether they’re in a room or in an ocean. They also give people sensitivity to the details and qualities in visual or spatial displays, such as paintings or sculptures. But the “space” doesn’t even have to be as literal as that. Spatial capacities can be used in a much more abstract way, such as drawing connections between different domains. Take John Dalton, who combined the imagery of both chemistry and astronomy to imagine atoms as tiny solar systems.
No matter what purpose spatial ability is applied to, this intelligence can be observed across all cultures – though some make more use of it than others. For instance, the ability to discern slight differences in the angle and shape of snow drifts is essential for navigation in the tundra, and that requires a high degree of spatial skill. In fact, one study found that over 60 percent of children who lived in such an environment, whom it identified as Eskimo, scored as high on tests of spatial ability as the top 10 percent of white children.
Unlike logical-mathematical intelligence, spatial intelligence is very much concerned with the world of objects. There’s another intelligence that’s similarly concerned with the concrete over the abstract. It’s called bodily-kinesthetic intelligence – and it’s the subject of our next chapter.
Skilled use of the body reflects bodily-kinesthetic intelligence.
Of all the ways people can use their bodies, the one most widely developed is probably dance. Because there are so many forms, uses, and meanings associated with dance, even defining the term can be difficult. But, in general, a dance is a culturally patterned sequence of purposeful, intentionally rhythmic body movements.
Dance goes back many thousands of years. In Paleolithic times, masked and dancing sorcerers and hunters were depicted in cave paintings. Over the years, dance has been used to reflect and enforce social organization, express both secular and religious ideas, and serve as recreation, to name just a few. On a bodily level, dance is all about combining the qualities of speed, direction, distance, intensity, and so on – qualities that require a highly developed sense of bodily-kinesthetic intelligence.
The key message here is: Skilled use of the body reflects bodily-kinesthetic intelligence.
In Western culture, the activities of the body aren’t typically thought of as having anything to do with intelligence. But that’s a historical artifact that comes from associating intelligence with things like reason and logic. If you look more closely, you’ll notice that lots of cognitive pursuits also include a distinct physical element. Think of a surgeon conducting an operation, for instance. Precise movements are absolutely essential to her task.
Even in noncognitive pursuits, it’s hard to consider bodily skill nonintelligent. When he was in front of the net, famous hockey player Wayne Gretzky would hold the puck for an extra instant; that disrupted the game’s rhythm and threw off the goalie. Some would call that instinct. But Gretzky rightly stated that no one would claim a doctor had learned his profession by instinct – so why should they say the same about his understanding of hockey?
It’s also just factually incorrect to claim that the brain doesn’t play a role in bodily movement, because it does – though it’s more a means to an end. The brain helps refine, redirect, and adapt motor behavior so that it better serves a person’s goals. In other words, the body and the brain are constantly communicating with each other to execute a given motor task.
Additionally, impairments in the brain – especially in the left hemisphere – can reduce a person’s motor abilities. Take, for instance, the various types of apraxia. An individual with this condition can cognitively understand a request and is physically able and willing to perform it – yet is unable to actually do it.
We’ve covered all the externally oriented intelligences. Next, it’s time to move on to the internally oriented, personal intelligences.
The personal intelligences deal with knowledge of yourself and others.
In 1909, the famous psychologist Sigmund Freud was giving lectures throughout the US, outlining his theories about the human psyche.
After one of Freud’s lectures, the dean of American psychologists and philosophers, William James, came up to him and said, “the future of psychology belongs to your work.”
That meeting was symbolic in an important way. Freud and James each represented very different philosophies and conceptions of psychology. Freud’s focus was on the development of the individual psyche – a person’s inner life. James, on the other hand, was much more oriented toward people’s relationships with others. Their diverging visions are a good way of understanding the difference between the two forms of personal intelligence: intrapersonal and interpersonal.
The key message here is: The personal intelligences deal with knowledge of yourself and others.
To flesh out the distinction between intrapersonal and interpersonal intelligences, it’s worth pointing to some distinct features of each.
Intrapersonal intelligence is all about knowing yourself – being able to get in touch with your own thoughts, feelings, and emotions. The novelist Marcel Proust, who wrote introspectively about feelings, is a great example.
By contrast, interpersonal intelligence is all about knowing others – specifically, their moods, temperaments, motivations, and intentions. The political and religious leader Mahatma Gandhi, who was renowned for his ability to understand and influence other people, might be the best example of this.
Both inter- and intrapersonal intelligence are located in the same area of the brain: the frontal lobes. This is where sensory information and limbic system information are integrated. In less technical language, it’s where your perceptions – including your perception of other people – combines with information about your emotional states.
Though the neurological basis for the personal intelligences is shared among all people, the ways they manifest in culture vary greatly – perhaps more so than for any of the other intelligences.
Balinese culture, for instance, emphasizes the “masks” that individuals wear. People are identified by the many roles they play, in a kind of constant performance. This frame emphasizes interpersonal intelligence over intrapersonal. This is much different from Moroccan culture, where the interpersonal and intrapersonal selves are both cultivated but in clearly demarcated, separate contexts. The selves that Moroccan people display in public are deliberately much different from their private selves.
Educational systems should be modified to reflect the theory of multiple intelligences.
If you were going to teach someone to program a computer, which intelligences could you utilize? The first and most obvious choice is logical-mathematical, and linguistic intelligence would be a close second.
But you could also take advantage of musical intelligence by first introducing a student to a composing program. For a student with strong spatial abilities, you might display a flow chart or other spatial diagram. Students with interpersonal skills might be aided by working with a team.
Some intelligences are clearly more suited to a certain task than others. But the theory of multiple intelligences could help instructors cater to the strengths of their students.
The key message here is: Educational systems should be modified to reflect the theory of multiple intelligences.
The first step in applying the theory of multiple intelligences to education is developing a more accurate intelligence test – or rather, set of tests. The intelligences should be assessed at different ages and in developmentally appropriate ways. Testing children’s intelligence early on will enable them to progress rapidly in the areas where they’re particularly skilled – and receive support where they’re weak.
The next step is for educational programs to review their goals. If a new program states that their goal is to “educate individuals to help them achieve their potential,” that’s not very helpful. By contrast, “achieving sufficient literacy to read a newspaper or discuss a current political program” is much more specific. And the more specific the goal, the easier it is to analyze the intellectual skills necessary for teaching and learning it.
Then, educators should determine ways of employing the intelligences as both a means and an end. In other words, they should explore how an intelligence could be used to both teach a skill and itself be part of a skill. For instance, a child who has difficulty learning how to read using traditional methods might try using bodily-kinesthetic exploration to understand the shapes of the letters.
Most of all, educators and policymakers should make an effort to understand how the intelligences intersect with a given cultural context. In the mid-twentieth century, policymakers attempted to Westernize the education system of Iran; they implemented systems that relied heavily on logical-mathematical reasoning. This was a dramatic shift in a culture that hadn’t previously prioritized that form of intelligence. As such, students and the systems themselves became tremendously stressed.
Carefully combining cultural awareness with the knowledge of multiple intelligences could revolutionize education. What, then, would lie ahead in the story of human potential?
Summary
The key message in these summary is that:
In modern Western society, there’s a reigning belief that intelligence is a general trait that can be measured and represented by a single numerical value. However, there’s convincing evidence that suggests there are several different intelligences operating in relative neurobiological isolation. These intelligences are, according to the author’s criteria: linguistic, musical, logical-mathematical, spatial, bodily-kinesthetic, intrapersonal, and interpersonal. By further studying and exploring these intelligences, it may be possible to develop new tests that indicate a child’s intellectual strengths and weaknesses – which will in turn help educators better foster their potential.
About the author
Howard Gardner is a developmental psychologist famous for his theory of multiple intelligences. He has written 30 books and received a litany of awards for his work, including the 1981 MacArthur Fellowship and the 2020 Distinguished Contributions to Research in Education Award. Currently, he is a research professor at the Harvard Graduate School of Education, an adjunct professor of psychology at Harvard University, and director of The Good Project, which strives to teach people how to resolve ethical dilemmas. | https://paminy.com/book-summary-frames-mind-howard-gardner/ |
In order to provide students with multiple entry points to learning, teachers must understand what type of learner their students are, and what type of “intelligence” they relate to best.
According to Howard Gardner, people possess certain types of intelligences, which ultimately influences the way they learn.
These intelligences are; linguistic, musical, logical-mathematical, visual-spatial, bodily-kinesthetic, interpersonal, intrapersonal and naturalistic.
By knowing the different intelligences, we as teachers will be better suited to understanding our students and how they learn.
In order to determine which type of intelligences you relate to best, you (and your students) can take a take a 56 question survey here.
The survey takes less than 5 minutes to complete, and asks a series of questions regarding how well you enjoy nature, interacting with others, mathematics/puzzles, poetry/reading and music.
Once you finish the survey, you are then presented with your top three strengths, along with examples on strategies that target those strengths in order to help you learn. In addition, you are given your score on the other 5 intelligences that are not your top strengths, so you are aware of how you scored overall for each. Just because 5 of the intelligences were not identified as your "top" intelligence, it does not mean that you are not strong in them, or can not benefit from incorporating strategies related to them into your learning. According to the survey, if you scored higher than a 3.0 on any of the intelligences, you probably use it quite frequently. As always, it is best to differentiate learning and lessons in order to integrate multiple strategies and intelligences.
As a teacher, having students complete the survey might be a great activity in order to help them identify how they learn best. In addition to the strategies and examples they are given to help them learn, you can have students develop their own strategies based around the intelligence. In order to teach students how to work together and understand one another, it might be beneficial to pair students of different multiple intelligences together, and have them engage in a conversation where they teach one another how they learn, and then develop an activity that would engage both intelligences.
For example, my strongest multiple intelligence is kinesthetic, or bodily movement. In this category, I scored 4.86/5.0. However, I only scored a 1.86/5.0 on mathematical/logistic. If I were to work with a person with a strong mathematical/logistic intelligence in order to develop an activity, I might suggest that we develop a life-size graph. A wall can be painted with whiteboard paint, and then a graph can be permanently drawn onto the wall using permanent paint. Since the wall has whiteboard paint on it, the students can use dry-erase markers to draw life-size graphs. This activity would engage kinesthetic learners since they are able to stand up, move around and physically draw large scale graphs, as well as mathematical learners since they are using their logistic skills by working with graphs and numbers.
By having students identify their own multiple intelligence, you are not only helping them to understand themselves, but can also work with others to develop activities and strategies that can benefit everyone in the class.
Once teachers have a solid understanding of their students and the types of intelligence they relate to best, they can then develop lessons that provide for multiple entry points in the lesson.
Multiple entry points are important so teachers can engage all students in the learning of the content. Since we have already identified that students learn differently, it is important to incorporate multiple entry points into the lesson, so all students can access the content. The charts below have examples of different strategies that you can use in order to target multiple entry points and intelligences.
In order to view a lesson that incorporates multiple entry points, check out this history lesson on the Industrial Revolution. The lesson incorporates strategies to support each intelligence, in order to provide multiple entry points for students.
Linguistic - students read excerpts from Charles Dickens, identify literary elements and develop written responses to prompts.
Logical-mathematical - students analyze graphs to gather data
Visual-spatial - students watch a video and analyze images
Musical - the video incorporates music
Bodily-kinesthetic - students are able to move around the room through different stations
Interpersonal - students can work together and discuss the artifacts at each station
Intrapersonal - students can complete the stations independently if they wish
Naturalistic - pollution and how it has affected the environment is discussed throughout the lesson
Although the school year is drawing to a close, as you plan lessons for the fall, remember that information can and should be presented in multiple ways in order to support all learners, not just a few. By incorporating just a few different activities that target multiple intelligences/entry points, you will enhance the learning experience for all of your students. | https://www.aquilaeducation.com/single-post/2017/06/07/Multiple-Entry-Points-and-Intelligences |
The theory of multiple intelligences (MI) was first described by Howard Gardner in 1983 as a product of his neuropsychological research, work with gifted children, and investigations into the reasons for inadequate arts education in public schools. MI theory describes human intelligence as comprised of eight relatively autonomous sets of skills and abilities. This entry describes Linguistic, Logical-mathematical, Spatial, Kinesthetic, Musical, Naturalist, Interpersonal, and Intrapersonal intelligences and outlines their implications for individuals, institutions, and public policy.
A New Construct Redefining Intelligence
Intelligence is an abstract concept that is defined by each culture according to its prevailing Zeitgeist. [Page 1579]Since Alfred Binet devised the first intelligence test in Paris, France, in 1904, it has been assumed by most Western cultures that human intelligence can accurately be defined as ...
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In 1983, Howard Gardner published Frames of Mind: The Theory of Multiple Intelligences. This book challenged the traditional psychological view of intelligence as a single capacity that drives logical and mathematical thought. Instead, it proposed that all individuals possess seven independent intelligences. These, in combination, enable people to solve problems or fashion products with varying levels of skill.
These "intelligences" are: linguistic and logical-mathematical (the styles of thinking measured most often on psychological tests), musical, spatial, bodily-kinesthetic (including large and small motor skills), interpersonal (an area of strength for teachers, social workers, and politicians), and intrapersonal (self-knowledge).
Gardner identified these intelligences by synthesizing findings from disparate sources, including research at Project Zero on the development of various cognitive skills in normal children; studies of the breakdown of cognitive abilities in stroke patients and other brain-damaged individuals; work with prodigies, idiot savants, autistic children, and other special populations; and a review of the literature on psychological testing and the relationship between test scores and performance on different tasks.
Although based upon investigations in biology and psychology and intended for psychologists, multiple intelligences (MI) theory has had a wide audience among educators. It has been interpreted and adapted in many different schools and in many different ways, without any training, oversight, or implementation guidelines from Project Zero staff. To learn more about the different ways MI theory has been applied and the type of impact it has had on schools, Project Zero launched an initial study in 1992. Researchers conducted phone interviews with principals from eleven schools that have devised their own programs based on MI theory, and conducted site visits at nine of these schools.
The initial findings suggest that MI helps schools in several ways. It offers a vocabulary for teachers to use in discussing children's strengths and in developing curriculum; it validates the practices of teachers whose work is already synchronous with MI theory; it promotes or justifies education in diverse art forms; and it encourages teachers to work in teams, complementing their own strengths with those of their colleagues. It also encourages schools to devise rich educational experiences for children from diverse backgrounds. Further, in-depth studies of MI schools will be undertaken to add to, and validate, these findings. | https://www.pz.harvard.edu/projects/multiple-intelligence-schools |
Javits 7+ Gifted and Talented Program: Kindergarten Assessment Model. Revised.
Community School District 18, Brooklyn, NY.
This packet contains a set of assessment activities to identify gifted and talented children at the kindergarten level, based on Howard Gardner's theory of multiple intelligences. The six assessments measure linguistic, logical-mathematical, spatial, musical, bodily-kinesthetic, and interpersonal/intrapersonal intelligence. For each assessment, the following items are included: a materials list; procedures for the experience phase, in which students become familiar with the materials; procedures for the performance phase, in which students are assessed; and an assessment form. (JDD)
Descriptors: Ability Identification, Evaluation Methods, Gifted, Intelligence, Intelligence Tests, Interpersonal Competence, Kindergarten, Kindergarten Children, Kinesthetic Perception, Logical Thinking, Multiple Intelligences, Music Activities, Primary Education, Spatial Ability, Student Evaluation, Talent, Talent Identification, Verbal Ability
Publication Type: Tests/Questionnaires
Education Level: N/A
Audience: Practitioners; Researchers
Language: English
Sponsor: N/A
Authoring Institution: Community School District 18, Brooklyn, NY. | https://eric.ed.gov/?id=ED343286 |
How can we help our kids to learn? Besides approaching learning with both patience and enthusiasm, I recommend finding out how their brains are wired. Everyone has different strengths, which are great to focus on, and weaknesses, which are worth working on. Here is an excerpt from my book, Homeschoolers Are Not Hermits, which is available now on Amazon.
After figuring out your kids’ best learning styles (audio, visual, kinesthetic, reading/writing), find their dominant intelligences by using Howard Gardner’s Multiple Intelligences. Help them develop their strengths, make sure they know that they are intelligent in their own ways, and work with them on their less dominant areas. At the very least, expose them to all the different kinds of intelligences. You never know which strengths they might develop, and it will give them a better understanding of people with different intelligences. We certainly had no idea that our oldest would turn out to be highly musical, we just wanted to expose the kids to music to give them the experience. I suspect that my husband has musical intelligence, as well, he just never had a chance to develop it.
Gardner’s multiple intelligences that he describes are generally complementary to the learning styles mentioned above. An intelligence is different from a learning style. Style is how an individual approaches materials, whereas intelligence is their computational power in a particular area. I have found both to be useful in working with my kids, which is why I have included both here. Gardner, on the other hand, feels that labeling students with “learning styles” is unhelpful and unscientific. I have given some learning style suggestions at the end for each of his intelligences.
Summary of Howard Gardner’s Multiple Intelligences Theory
In Howard Gardner’s theory, developed in 1983, he describes eight separate types of intelligence. Several types of intelligence can be present in a single individual. A strength or weakness in one intelligence does not predict a strength or weakness in any of the other intelligences. Just as there are multiple intelligences, there are also multiple ways to learn and understand something. Gardner now believes there may be 10 or more intelligences.
Linguistic Intelligence (Word Smart)
Children whose linguistic or verbal intelligence is highly developed have an easy time with both written and oral language. They have a natural way with words and an extensive vocabulary, and enjoy rhymes, puns, and telling stories. Skills such as learning a new language, explaining instructions, spelling, and verbal memorization come easily to them.
Logical-Mathematical Intelligence (Number Smart)
Children with highly developed logical-mathematical intelligence are curious about how things work, and enjoy numbers, abstract concepts, and strategy games. They use traditional mathematical reasoning, logic, and scientific thinking, and like to ask questions. They have an easy time understanding numbers and complex calculations and computer programming.
Visual-Spatial Intelligence (Picture Smart)
Children with strong visual intelligence need to be able to see things in order to understand them. Charts, graphs, visual displays and movies are quickly comprehended by them. They enjoy taking apart and reconstructing things, and working on puzzles and mazes. Because they have a strong visual memory, a good eye for details and colors, and good eye-hand coordination, many are artistic.
Musical Intelligence (Music Smart)
Children with strong musical intelligence can easily remember melodies and have a high sensitivity to sounds, tones, and music. Their sharp hearing lets them understand a story or lecture without visual aids, and tell when music is off-key. They enjoy rhyming, singing, playing an instrument, and composing music. These children tend to sing, hum, or move rhythmically throughout the day.
Kinesthetic Intelligence (Body Smart)
Children with high kinesthetic intelligence learn best by moving and using their body parts. They often excel in sports, acting, and dance. They are highly coordinated and are able to remember things through muscle memory. They enjoy working with their hands, learning things by touch, taking things apart and trying to put them back together, and building things. They often have trouble sitting still, and will tap or fidget when required to sit.
Interpersonal Intelligence (People Smart)
Children with strong interpersonal intelligence have lots of friends and enjoy socializing. They are able to create meaningful, lasting relationships with people. They are natural leaders, and are also willing to let others lead. They are sensitive and caring, understand feelings, and help others solve problems. They have strong communication skills and can explain their needs and wants easily.
Intrapersonal Intelligence (Self Smart)
Children with strong intrapersonal intelligence are very independent and self-directed. They have high self-esteem and self-confidence, and are usually introverted, not looking to their peers for approval. They are in tune with their emotions, abilities, goals, and weaknesses. They tend to learn from their own mistakes and successes, and march to the beat of their own drummer. They need quiet places for reflection.
Naturalistic Intelligence (Nature Smart)
Children with strong naturalistic intelligence feel connected to nature and prefer being outdoors. They are sensitive toward the environment and other living creatures, and enjoy gardening and pets. They are interested in the natural cycles of the world, from animals to astronomy.
Ways to apply all this information
Linguistic Intelligence (Word Smart) Learning: Through listening, taking notes, and discussions.
Possible Careers: Teachers, poets, writers, journalists, philosophers, lawyers, and politicians.
Logical-Mathematical Intelligence (Number Smart) Learning: By reasoning, questioning, investigating, and calculating.
Possible Careers: Economists, mathematicians, scientists, programmers, and doctors.
Visual-Spatial Intelligence (Picture Smart) Learning: Through visual displays, charts, pictures, and videos.
Possible Careers: Architects, engineers, mechanics, interior designers, and artists.
Musical Intelligence (Music Smart) Learning: Through rhyming and songs for memorization, and working with music in the background.
Possible Careers: Musicians, singers, composers, and conductors.
Kinesthetic Intelligence (Body Smart) Learning: Through doing and trying rather than watching or hearing.
Possible Careers: Athletes, performers, dancers, builders, firefighters, and surgeons.
Interpersonal Intelligence (People Smart) Learning: Through discussions and collaborative activities.
Possible Careers: Politicians, teachers, therapists, social workers, and managers.
Intrapersonal Intelligence (Self Smart) Learning: Through independent projects and study, and journal writing.
Possible Careers: Philosophers, researchers, psychologists, writers, and theologians.
Naturalistic Intelligence (Nature Smart) Learning: Through being outdoors in nature or connecting the topic to the natural world.
Possible Careers: Farmers, biologists, conservationists, gardeners, and astronomers.
Tip:
Help your kids understand how they learn best, and give them opportunities to develop strengths in as many areas as you can. Love and appreciate their strengths, they are all valuable. | http://www.homeschoolersnothermits.com/multiple-intelligences/ |
An interactive webinar for teachers was conducted on 28 June 2020 by Ms Tania Joshi and Ms Sukhmeen Cheema to acquaint everyone with the concept of Multiple Intelligences. The session was attended by 126 teachers of TIS and TFS. The session was aimed to familiarize teachers with the theory of multiple intelligence, and its application in the class.
The session commenced with facilitator, Ms Joshi asking the participants about the theorist who conceptualised the term ‘Multiple Intelligence’. A short clip from an interview was presented for everyone to understand Howard Gardner's findings from his elaborate research.
Ms Joshi facilitated a discussion about the varied skills of the different learners in the school. Teachers eagerly shared the profiles of different students exhibiting multiple intelligences across the classes.
Ms Joshi began by explaining that the theory of multiple intelligence differentiates intelligence into specific modalities, debunking the age old assumption of equating academic achievement and intelligence. As classes have now gone online, how different websites and apps can be leveraged to cater to the diverse needs of different learners was explained by Ms Cheema. Virtual tools already available online can be used to make lesson plans more effective.
Each intelligence was taken up by the facilitators in detail using a presentation, namely Verbal- Linguistic, Logical-mathematical, Bodily-kinesthetic, Musical/rhythmic, Interpersonal, Intrapersonal, Naturalistic and Visual-spatial.
As explained by the facilitators; persons with high Verbal-linguistic intelligence learn better through the use of words and language. They have the ability to effectively use language to express, rhetorically or poetically. Writers, educators, lawyers and speakers are among those who possess a higher linguistic intelligence. Websites and applications that can be used by a teacher in the class to stimulate learners with high verbal – linguistic intelligence were delineated. Podbean can be used to create and listen to various podcasts. Blogging can also be used a tool to aid learning.
Logical-mathematical intelligence consists of the capacity to analyse problems logically, carry out mathematical operation and reasoning. Scientists, mathematicians are among those who fall in this category. Learners with high logical-mathematical intelligence learn better with data. Different data analysis tools can be used for these learners such as Timetoast, survey monkey to expedite teaching learning process.
Visual-spatial intelligence involves the potential to visualise the world in 3D. Architects and artists are among the ones who fall in this category. Virtual tools such as Padlet, Bubbl.us can be used to organise information in a visual form for learners with high visual spatial intelligence.
Music/rhythmic intelligence encompasses the capacity to recognise and compose musical pitches, tones, and rhythms. Teachers can include various videos and music for classroom projects. Applications such Audacity and Garagebands can be introduced to these learners which let the users build music from scratch.
Bodily and kinesthetic intelligence is the ability to use body movement in highly differentiated and skilled ways. Including applications that cater to a person’s tactile sense can benefit such learners. Coding tools such as scratch can be used in the class to make codable robots. Websites such as Twiddla provides opportunities for these learners to engage kinesthetically on the virtual domain.
An intrapersonal learner is someone who prefers working alone. Such individuals prefer to set individual goals and learn best through met cognitive practices. Researchers, entrepreneurs are among those who possess this intelligence. Blogging, discussion forums, researching on a specific topic can be used as a tool to express their artistic expression.
Learners who possess a high level of interpersonal intelligence are skilled in dealing with other people. These learners benefit from collaborative learning. Video conferencing tools such as skype and social media can be used to collaborate with different students across states/countries.
Naturalist intelligence involves an understanding of nature and learning through interaction with the environment. Virtual field trips can be a good medium to bring in the outside world in the class.
Teachers were encouraged to used dialogue on various issues in the classroom, with the help of visuals. Sensitive topics such as suicide can be taken up in the class to stir a discussion moderated by the teacher. Role play, GIFs and Memes can be used to make concepts interesting. The facilitators emphasised upon the value of collaborative learning and online platforms such as Nearpod and Wakelet for effective learning.
The session was concluded by giving out a reflective activity, to understand one's strength area and the other areas that the person aims to strengthen within them. | https://thefoundationschool.edu.in/teacher-workshop-on-multiple-intelligences |
A few weeks ago in my Teaching and Facilitating Learning class at Lake Washington Technical College, we discussed the work of Howard Gardner. Gardner is a Harvard professor whose research work focused on the theory of multiple intelligences. In the classroom, this translates into the fact that we must incorporate several learning styles into our instruction, rather than just relying on straight lecture. The main 8 Intelligences that Gardner posits are:
- Linguistic
- Logical-Mathematical
- Visual-Spatial
- Bodily-Kinesthetic
- Musical
- Naturalist
- Interpersonal
- Intrapersonal
The challenge for my assignment was to take a current lesson plan that I teach and address the intelligences that are used in the instruction and discuss ways that I could incorporate more intelligences into the lesson. One of the struggles with selecting a lecture for this process is the fact that my class topic sometimes dictates automatically what intelligences are used for learning. For instance — if I am teaching a software class, such as Final Cut Pro. The hands on nature of that class is naturally going to lean more toward the Kinesthetic, while when I teach a Film Theory class it will lend itself more to the Visual-Spatial. I guess the key however, is recognizing that no matter what a class naturally lends itself toward, there are always ways to incorporate multiple intelligences into a lesson plan.
The lesson that I have chosen for this exercise is a lesson on Commercial Concepting from my Digital Storytelling Course. My lesson plans are roughly outlined in the PowerPoints that I use in the class. To get an idea of what I do, you can look at the PowerPoint in the embed below.
Currently, I feel that most of the lecture is set up in my own learning style, which leans more toward the Interpersonal, Visual-Spatial, and Linguistic. I like to talk and discuss issues. The way that I learn best is by talking in large groups and through the comments of others coming to conclusions about things that I observe. Because of this, I count most of my class time to be filled with student discussion. I rely on that discussion to make sure that students are understanding the things that I am teaching them.
Probably the best way to assess this lecture would be to list the Intelligences and see the way that each is addressed in the lesson. Feel free to correct me if you don’t think that certain activities are properly addressing the intelligences.
- Linguistic — Discussion of “What makes an effective commercial?” Usually lends itself to discussion of need for commercials in society
- Logical-Mathematical — not currently present in lecture
- Visual-Spatial — watching examples of commercials and how they exemplify the topic
- Bodily-Kinesthetic — Having students use Celtx software to write their own commercial script
- Musical — Not currently present
- Naturalist — not currently present
- Interpersonal — YouTube search activity: students share examples with each other of commercials they found
- Intrapersonal — Students go off to find their own example of a Branding or Informational Commercial
So from this exercise, it looks like I am doing an okay job of incorporating these intelligences into my lecture (or at least this one lecture). The problem remains however, what do I do about those intelligences that don’t naturally lend themselves to my Video Production classroom — especially when talking about something abstract as Storytelling? Here are some quick thoughts of things that I could do in each of the missing categories:
- Logical-Mathematical: Give students a problem scenario. They need to create a commercial for a certain product. What elements do they need to gather in order to finish planning the commercial.
- Musical: Pitch students different parts of a commercial treatment, have them pick out a song that they think would go well with the commercial. Helps them contemplate mood and the role of music in the storytelling process.
- Naturalist: Have the students do a quick location scout. They could go outside and document different locations that might lend themselves to a given commercial. How does the location influence the mood of the commercial/story?
It seems as though the incorporating all of the intelligences isn’t too much of a stretch in any assignment. While I initially thought that there was no way that I could incorporate the Naturalist intelligence into my work, the idea that I came up with came quickly and legitimately. I think it would be a great exercise for a video student to document their natural environment. In the same way, we can gradually little exercises into our lessons which can further help our students who may learn differently. | http://www.robnyland.com/blog/2011/02/04/howard-gardner-and-incorporating-multiple-intelligences/ |
Tuesday, February 24, 2015
Is the Internet Forming Collective Intelligence?
Society is changing and higher education is in a process of adapting to that change. The Internet has been a major catalyst in that change as new forms of collective intelligence is being created. Higher education is in a transitional period moving from traditional to virtual models to keep up with that change. An article on collective intelligence discusses the possibilities of greater change as different forms of intelligence find their way onto the Net (Medeiros,et. al., 2014).
Gardner’s theory of multiple intelligences helps us realize that intelligence can’t be measured by simple IQ alone. A single measurement of intelligence as a basis of our education system is subjective by nature. The knowledge accepted, scrubbed and published by higher education limited innovative development. Multiple forms of intelligence are forming new knowledge outside of traditional systems.
These intelligences include linguistic, logical-mathematical, musical, spatial, bodily-kinaesthetic, interpersonal, intrapersonal, and natural. Each intelligence taps into a different human capacity to perceive and understand the environment. Higher education predominately focuses on a couple of different types of intelligences but the Internet is forming its own collective form of knowledge through the expression of multiple intelligences.
The Internet is offering opportunities to create collective intelligence based upon these multiple ways of understanding through the adaptation and integration of knowledge. People can now be co-creators in the knowledge generation process and are no longer forced to think about issues from a singular vantage point. The Internet has cracked open the vault of expression.
As information continues to spread through the use of modern technology it will generate new forms of collective intelligence. Multitudes of people will form around specific interests and begin to build new forms of knowledge as they share their interest and understandings. The faster this process occurs the quicker the development of societies.
The information will also challenge existing institutions in higher education, government and civic arenas much like the printing press challenged previous forms. As scientific knowledge spread, church teachings were questioned, and governments adapted to new systems because knowledge led to higher levels of collective intelligence. An era of enlightenment ensued that led to the scientific advantages we still use today. The Internet is the next great printing press that will change all that it touches.
Medeiros, V. et. al. (2014). Connecting multiple intelligences through open and distance learning: going towards a collective intelligence? European Journal of Open Distance & E-Learning, 17 (1). | http://www.academic-capital.net/2015/02/is-internet-forming-collective.html |
Howard Gardner, a Harvard professor, cognitive research psychologist, and prolific author, is best known for his theory of multiple intelligences, first described in Frames of Mind (1983) and subsequently refined and extended in Intelligence Reframed (1999). Gardner’s work has inspired teachers, school leaders, and special educators to embrace the notion that there is more than one way to be smart.
The Emerging Theorist
Gardner was born in Scranton, Pennsylvania, in 1943, the son of refugees from Nazi Germany. A studious child, he loved to read, and developed into a gifted pianist. Although he dropped formal piano instruction as an adolescent, finding the practice obligations “onerous,” he retained a lifelong passion for music that contributed to his nonunitary conception of human cognitive capacity.
Formal Inquiry
Gardner undertook most of his formal training and graduate work at Harvard University, where he studied with noted psychologists and pursued, during his early career, research involving normal and gifted children, as well as brain-damaged adults. He maintained a voracious multidisciplinary reading, research, and writing schedule, and admitted, in later years, to being a “happy workaholic.” A prolific writer of journal articles and books during his early career, Gardner burst onto the international scene with his sweepingly popular book, Frames of Mind (1985).
Theory Of Multiple Intelligences
Faulting earlier unitary models of intellectual ability typically reported as a single IQ score, Gardner detailed a more complex paradigm in which human intelligence comprises eight or more relatively autonomous intellectual capacities: logical-mathematical intelligence, musical intelligence, linguistic intelligence, bodily-kinesthetic intelligence, spatial intelligence, interpersonal intelligence, intrapersonal intelligence, naturalist intelligence (added later), and possibly existential intelligence.
The theory of multiple intelligences became the guide for a multitude of school improvement efforts. Gardner and others promulgated the understanding of diverse student capacities, the need for personalized educational environments, improved interdisciplinary curricular programs, and the use of performance-based assessments. Educators have been inspired to adapt the theory and infuse its essence into school mission statements, curricula, individualized education plans, and instructional practice.
Other Contributions
Gardner has written more than 20 books on creativity, leadership, discipline, socially responsible work, and ethics and has received the MacArthur Prize Fellowship, the Grawemeyer Award in Education, and a Guggenheim Fellowship. Howard Gardner is the John H. and Elisabeth A. Hobbs Professor of Cognition and Education at the Harvard Graduate School of Education and the Senior Director of Harvard Project Zero.
References:
- Gardner, (1983). Frames of mind: The theory of multiple intelligences. New York: Basic Books.
- Gardner, (1999). Intelligence reframed: Multiple intelligences for the 21st century. New York: Basic Books. | http://psychology.iresearchnet.com/developmental-psychology/history-of-developmental-psychology/howard-gardner/ |
WHAT'S SO CLEVER ABOUT PASSING EXAMS?
The government has announced plans to scrap SATS tests for 11 to 14 year olds, but it's toughened up its approach to GCSE league tables. Mike Drayton wonders whether we ought to use a bit more brain power when it comes to assessing the talents of our children.
Yesterday the secondary school league tables were published. A new emphasis on passing Maths and English GCSE's led to some very unexpected results, leaving posh public schools like Harrow and Rugby to rub shoulders with state secondaries from the most deprived areas.
Until last year, schools were ranked on the proportion of pupils achieving good grades in any five GCSEs - the government adopted the tougher target after criticism that the previous measure was distorted by pupils taking "easier" vocational exams.
Is this right though? Is this emphasis on fairly narrow academic subjects helpful to our childrens' education, self-esteem and ability to live life? I don't think so. It doesn't fit in with my experience of me, other people and life.
I don't think “vocational' practical or physical skills are easier or better than intellectual ability. Is it easier to plumb in a central heating system than to write an essay on Freud? Is it more difficult to learn to play football like Wayne Rooney or to learn to speak French.
Its obvious really isn't it? We are all good at some tasks and less good at others. So is it really helpful for government education policy to downgrade some abilities and idealise others? Should intelligence or ability be measured in pure academic or IQ terms or is it time to adopt a wider and more inclusive understanding of intelligence?
That's just what psychologist Howard Gardner did twenty years ago when he developed his ideas about multiple intelligences. Gardner famously said, “It's not how smart you are that matters, what really counts is how you are smart”.
Gardner said that intelligence is not just one simple concept but there are multiple intelligences. This is such a great idea because it gets away from the notion of a person being ether clever or thick.
I know that I can be intelligent in some areas (doing crosswords) and stupid in others (driving around an unfamiliar area). Wayne Rooney would not win the Booker prize with his autobiography but he could win the Nobel prize for football if there was one.
Linguistic intelligence means being good with language and words. Writers, poets, and lawyers would be seen as having high linguistic intelligence.
Logical-mathematical intelligence is an ability to use logic and maths to solve problems.
Musical intelligence involves skill in the performance, composition, and appreciation of music.
Spatial intelligence involves the potential to understand distance, movement and the dynamic relationships between space and objects.
Interpersonal intelligence is concerned with the capacity to understand the intentions, motivations and desires of other people.
Education league tables force our schools (and indeed culture and society) to become obsessed with linguistic and logical-mathematical intelligence. We value the highly articulate or logical people of our culture.
Gardner's theory of Multiple Intelligences proposes that we should also place equal value on people who show gifts in the other intelligences: the artists, drivers, architects, plumbers, musicians, footballers, dancers, psychologists, entrepreneurs, and others who enrich the world in which we live.
The government's current obsession with league tables could mean that many children who have these gifts don't receive much support or encouragement for them in school.
Many of these children end up being seen as underachievers, when their unique ways of thinking and learning aren't catered for by a academically oriented and assessment obsessed government education policy. | http://thestirrer.thebirminghampress.com/md1201071.html |
Howard Gardner’s theory of multiple intelligences has been receiving an abundance of attention in recent weeks from France and the Francophone world.
A PowerPoint presentation shown at the conference is available by clicking here.
a piece about implementing MI in educational settings.
The magazine also published the results of a parent survey about which intelligences parents would most like to foster in their children.
A Q&A with Gardner about MI theory.
Other French media outlets have also seemed to indicate a heightened awareness of multiple intelligences recently. Daily newspaper Libération featured an article about using MI theory in schools to enhance learning outcomes, and radio broadcaster France Inter’s program “La tête au carré” also devoted a show to MI. Newspaper Les Échos has also published an article explaining the components of multiple intelligences. These developments follow the release of stories in L’Express and BioInfo about multiple intelligences at the end of 2014, initially reported on Gardner’s official MI website, multipleintelligencesoasis.org.
Finally, below is an interesting exchange from a French student studying MI theory at university that Gardner recently received.
I’m a student in the French university Panthéon-Assas. I come to you because I’m actually working on studying qualities of detectives. I’m working with your multiple intelligences theory, and I should be glad and proud if you could tell me few words about what you think are the intelligences of a detective (to be able to investigate as well as possible).
Thank you for your note and your interest in multiple intelligences.
You raise an interesting question. As detectives are conventionally portrayed in the media (I have never spoken to a detective in person), they rely heavily on making deductions. That seems to me like logical-mathematical intelligence. But detectives are also interested in motivation—why would X have robbed or killed Y?—and that involves interpersonal intelligence. Depending on the nature of the clues, any intelligence could be involved. For example, if a victim left a note to be read, that involves linguistic intelligence. Or if there is a physical trail to be pursued, that activates spatial intelligence. And so on.
So, as in many areas of life, proficiency can involve a number of intelligences, and individuals might differ on which intelligences they make use of.
We are excited to announce all of these developments from France, and we look forward to seeing how multiple intelligences theory will continue to receive interest in French-speaking parts of the world! | https://howardgardner.com/2015/04/02/attention-for-multiple-intelligences-from-france/ |
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Eliacin J, Salyers MP, Kukla M, Matthias MS. Factors influencing patients' preferences and perceived involvement in shared decision-making in mental health care. Journal of mental health (Abingdon, England). 2015 Feb 1; 24(1):24-8.
BACKGROUND: Although research has suggested that patients desire to participate in shared decision-making, recent studies show that most patients take a passive role in their treatment decisions. The discrepancy between patients' expressed desire and actual behaviors underscores the need to better understand how patients perceive shared decision-making and what factors influence their participation. AIMS: To investigate patients' preferences and appraisals of their involvement in treatment decisions. METHODS: Fifty-four qualitative interviews were conducted with veterans receiving outpatient mental health care at a U.S. Veterans Affairs Medical Center. Interviews were analyzed using thematic analysis. RESULTS: Participants outlined several factors that influence their preferences and involvement in treatment decisions. These include the patient-provider relationship, fear of being judged, perceived inadequacy, and a history of substance abuse. CONCLUSION: Patients' preferences and willingness to engage in shared decision-making fluctuate over time and are context dependent. A better understanding of these factors and a strong patient-provider relationship will facilitate better measurement and implementation of shared decision-making. | https://hsrd.research.va.gov/research/citations/abstract.cfm?Identifier=57228 |
T.R.E.N.D.S. // Transportation + Energy Decisions Study: Analysis of Fast Growth US Metro Regions: Explaining Location Choices, Transportation Choices, and Energy Decisions
Research Sponsor:
Toyota Research Institute—North America
TEMA, Ann Arbor, Michigan (TRI-NA)
Principal Investigator:
Alan M. Berger
Researchers/Authors:
Alan M. Berger, Casey L. Brown, Carolyn Kousky (RFF), Richard J. Zeckhauser (KSG)
Abstract:
Overall U.S. population density has decreased over the past decades, with the majority of the population now living in suburban and exurban areas. Current policies and spending reinforce these polycentric trends toward decentralization nationwide.
The focus of this project will be the U.S. as a whole. This research left open the question of the underlying drivers in these trends, suggesting several questions for follow-on work: What are the leading determinants of an individual’s location and transit choice? What do the trends in these factors suggest about what mobility options the population may choose and desire for the future? How do choices and perceptions of mobility options vary across different subgroups of the population? What might be the effect of higher energy prices on individual’s transportation and location choices?
This research identifies the key drivers of the documented trends in mobility and land use, with a special focus on the cost of energy and how individuals respond to changes in energy prices and answers the following three questions:
- (1) What factors influence individuals’ location choices?
- (2) What factors influence individuals’ transit choices?
- (3) How does the cost of energy—particularly gasoline prices—influence these decisions?
This project will rigorously synthesize the findings on the drivers of people’s location and mobility decisions, with an emphasis on the role of the cost of energy. This meta-study will integrate findings across a range of disciplines, including policy studies, economics, geography, political science, planning, and to a lesser extent, psychology. The project will result in the following outputs:
- (1) A database of all related studies, their results, and our evaluation of their analysis
- (2) A framework of individual decision-making with respect to location choice
- (3) A framework of individual decision-making with respect to transit choice
The research seeks to assess, integrate, compare, and evaluate a wide range of findings related to the drivers of location and mobility decisions within a well-defined and rigorous economic analytical framework. All five deliverables require extensive background research on findings in multiple disciplines. Combined, the components will define the boundaries of what is known and what is not known about the drivers of the observed mobility and location patterns previously documented.
We will conduct some data collection, analysis and mapping to visualize costs across discrete geographical units, from city center to urban periphery, across one selected metropolitan area. The results will reveal geography of commuting time, school performance, and housing cost/area, and feedback into our previous twelve-month study of energy choice, location choice, and transportation choice, to explain the logic of location choice through economic and spatial measurement.
(Internal publication, 2012-14)
Version Published: | https://www.alanmberger.com/4001465-u-s-transportation-energy-decisions |
Although the factors which influence the development of housing finance systems in developing countries have been identified in the literature, the interconnectedness of these factors has not been adequately examined. This paper employs the systems theory to examine the interrelatedness of the factors that influence the demand and supply of mortgage products in Ghana. The paper shows that as a result of supply and demand constraints, the Ghanaian mortgage market is still largely underdeveloped. Supply constraints include capital inadequacy of the banks, inability of the financial institutions to establish credit worthiness of potential borrowers and unfavourable macro-economic conditions which make investment in long-term loans unattractive to the banks. Demandside constraints include high house prices, high interest rates, unfavourable terms of loan repayments, low income levels and the cultural belief that it is not good to be in debt. We conclude that given the interconnectedness of these factors, a holistic programme that resonates with systems thinking will be required to develop a well-functioning housing finance system in Ghana. | http://www.hofinet.org/documents/doc.aspx?id=2159 |
|Description of the project||Characteristics and main objectives of the research project:
|
· The purpose of this study is to examine how individual characteristics and cultural factors influence the Chinese immigrant entrepreneurs’ decision-making logic.
· This research applies a qualitative, two-study approach. Study I is investigated by questionnaires and fsQCA technical tool. Study II, semi-structured interviews will be conducted.
· The primary contribution is to develop knowledge on immigrant and international entrepreneurship. Second, it stresses that besides environmental and firm constraints, dimensions of culture and individual characteristics also influence entrepreneurs’ decision logic. As well as, it gives some guidelines to potential entrepreneurs, helping them to understand their own decision-making tendencies. | https://www.ac.umk.pl/en/academia-copernicana-1st-year/projects/the-influence-of-culture-and-individual-characteristics-on-decision-making-logic-of-chinese-immigrant-entrepreneurs-in-poland/ |
The research group, which continues the work of the former department Competition and Consumers, uses behavioral and experimental economic approaches to study human decision making as well as the behavior of consumers and firms. One focus lies on the analysis of factors that influence individual preferences and thus also economic and political decisions.
Specific projects explore economic decisions through approaches that distinguish between intuitive and rational decision-making, measure preferences for sustainable products, and analyze the impact of individual image concerns on pricing and product design. Other projects deal with the characteristics of communication processes that are relevant, for example, in employment relationships, platform markets or certifications, with the effectiveness of leniency regulations in antitrust proceedings, and with redistribution preferences. | https://www.diw.de/en/diw_01.c.611739.en/research_advice/research_groups/behavioral_economics/behavioral_economics_start.html |
What is Differentiate between personal distribution and Functional distribution of income?
Here we understand the Concept about what is Personal Distribution and Functional Distribution of Income in detailed.
What is Differentiate between Personal distribution and Functional distribution of Income?
Personal Distribution and Functional Distribution:
Personal distribution means the distribution of national income among various individuals or persons in the society. We know national income not equally distributed amongst the various individuals in the country. Some are rich while others are poor. There is inequalities of income in the society. The theory of personal distribution studies how personal incomes of individuals are determined and how income inequalities come into picture.
Functional distribution, on the other side, means the distribution of national income amongst the factors of production. Functional distribution studies how various factors of production are rewarded for their services or functions performed by them in the production process. It studies how the prices of various factors, like, land, labour, capital and enterprise are determined. The prices of these factors known as rent, wages, interest and profit. In this theory of functional distribution, we study how the rent of land, wages of labour, interest on capital and profit of entrepreneurs are determined. It is the theory of factor pricing.
Personal distribution depends upon functional distribution. How much income an individual will get depends on the price and the amount of a particular factor which he owns as well as the prices and amounts of others factors which he posses.
For eg- the personal income of a landlord depends not only on the amount of rent which he gets but also on the quantity of land which he owns as also the amount of interest which he earns on his capital which he may have lent. The total income from rent and interest will make up his personal income.
Personal distribution, therefore, may include income which an individual earns by way of rent, interest, profits etc.
whereas functional distribution studies and determines the income of a particular factor, that is, rent of land or interest on capital.
Separate theory of Functional Distribution- Personal Distribution and Functional Distribution. | https://newsandstory.com/story/sHlEjld/What-is-Differentiate-between-personal-distribution-and-Functional-distribution-of-income-/ |
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JOURNAL OF ECONOMIC SURVEYS
On modelling speculative prices: The empirical literature
JOURNAL OF ECONOMIC SURVEYS
Computable general equilibrium with financial markets
ECONOMIC THEORY
Asymptotic methods for asset market equilibrium analysis
ECONOMIC THEORY
Endogenous uncertainty and market volatility
ECONOMIC THEORY
Asset-selling problems with holding costs
INTERNATIONAL JOURNAL OF PRODUCTION ECONOMICS
A framework for maintenance and replacement of a network structured system
INTERNATIONAL JOURNAL OF PRODUCTION ECONOMICS
Institutional factors affecting life-cycle impacts of microcomputers
RESOURCES CONSERVATION AND RECYCLING
An empirical examination of the price-dividend relation with dividend management
JOURNAL OF FINANCIAL SERVICES RESEARCH
Beam-switched rhombic antenna
MICROWAVE AND OPTICAL TECHNOLOGY LETTERS
Amazonian peasants, rain forest use, and income generation: The role of wealth and geographical factors
SOCIETY & NATURAL RESOURCES
An application of yield management for Internet Service Providers
NAVAL RESEARCH LOGISTICS
How does the spirit of capitalism affect stock market prices?
REVIEW OF FINANCIAL STUDIES
Expected returns and habit persistence
REVIEW OF FINANCIAL STUDIES
Optimal portfolio choice and the valuation of illiquid securities
REVIEW OF FINANCIAL STUDIES
The effect of information strength and weight on behavior in financial markets
ORGANIZATIONAL BEHAVIOR AND HUMAN DECISION PROCESSES
Assessing the maintenance in a process using a semi-parametric approach
QUALITY AND RELIABILITY ENGINEERING INTERNATIONAL
Risk aversion versus intertemporal substitution: A case study of identification failure in the intertemporal consumption capital asset pricing model
JOURNAL OF BUSINESS & ECONOMIC STATISTICS
Structural breaks, incomplete information, and stock prices
JOURNAL OF BUSINESS & ECONOMIC STATISTICS
MCMC analysis of diffusion models with application to finance
JOURNAL OF BUSINESS & ECONOMIC STATISTICS
Optimal portfolio selection in a Value-at-Risk framework
JOURNAL OF BANKING & FINANCE
Yield curves and international equity returns
JOURNAL OF BANKING & FINANCE
Price volatility, welfare, and trading hours in asset markets
JOURNAL OF BANKING & FINANCE
Did amakudari undermine the effectiveness of regulator monitoring in Japan? | https://serials.unibo.it/cgi-ser/start/it/spogli/ds-s.tcl?soggetti=ASSET |
Defining the Concept:
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Technology Education is an integrated, experience-based instructional program designed to prepare students to be knowledgeable about technology - its evolution, systems, technologies, utilization, and social and cultural significance. It results in the application of mathematics and science concepts to technological systems in areas such as, but not limited to: construction, manufacturing, communications, transportation, biotechnology, and power and energy. Students are challenged to discover, create, solve problems, and construct solutions by using a variety of tools, machines, computer systems, materials, processes and technological systems.
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The mission of Technology Education is to be organized around a set of concepts, processes, and systems that are uniquely technological.
The program and course content is student centered and is designed to develop insights and understandings of the application of technological concepts, processes, and systems. All activities use hands-on experiences to motivate students to make connections between concepts and real-world applications. Students are challenged to use the technology education facility to design, apply materials, machines, instrumentation, processes, and technical concepts in an efficient and safe manner.
Activities and lessons develop a student's problem-solving and decision-making abilities through the use of human and material resources, processes, and technological systems. Students will be prepared for life-long learning in a technological society because they will be exposed to activity-oriented laboratory experiences that reinforce abstract concepts with concrete experiences. This combined "know-how" and the "ability to do" in carrying out technological work transforms technological understandings, communication skills, language arts skills, social and societal understandings, mathematical concepts, and scientific knowledge into reality.
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Therefore, to implement the mission for technology education, three major initiatives
will be to provide:
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A Vision For Technology Education
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An integral part of the program of studies in Marlyand's schools, technology education is a new basic for all students. It is experience-based and involves the application of mathematics and science concepts in such techological systems as, but not limited to; construction, manufacturing, communications, transportation, biotechnology, and power and energy. Students work in teams to solve problems related to techology - its evolution, systems, techniques, utilization, and social and cultural significance. Students are taught how to utilize, interact, and live in a rapidly changing, high techological society.
Technology education programs are among the first to demonstrate an integrated approach to learning in high school. Facilities and equipment are state-of-the-art as a result of partnerships with business and industry. Interdisciplinary teams of teachers train and work together for cross-curriculum planning and integrated delivery of instruction. Technology education is taught using a collaborative approach is which groups of students interact with teachers of mathematic, science, social studies, language arts, technology education and other disciplines. Cooperative learning, ingenuity challenges, modules, and computer-assisted instruction are some of the approaches used to provide students with hands-on learning experiences in which they can demonstrate established learning outcomes.
In Montgomery County Public Schools the technology education program challenges all students to acquaint themselves with their techological environment so they are better prepared to make informed decisions about their lives and eagerly participate in controlling their own destiny. Programs recognize and capitalize on the individual's inherent potential for reasoning and problem-solving, for imagining and creation, for constructing and expressing by using implements and materials from which technology and industry spring.
Thus, technology education is a fundamental curriculum for all students, regardless of learning levels, career choices, or life aspirations. Students graduate from high school with the understanding of how technology affects daily decision making; with the ability to use processes and systems, along with a variety of tools and resources to solve problems; and with the ability to apply and interrelate concepts in science, mathematics, language arts, and social studies to address practical issues in a technological society. Technology education teachers the concepts of tomorrow that enable students to turn their vision into reality today.
Tomorrow belongs to those who effectively and creatively interact with technology today and dream of its possibilities for tomorrow.
| Entire contents
Copyright ©
1996 - 2013 The Technology Education Lab. All rights reserved. | http://techedlab.com/define.html |
We develop computational thinkers who can confidently communicate and solve problems, grounded in their own experiences. We cultivate an enthusiasm for digital literacy and enable all children to be members of, and contribute towards, a fast-changing dynamic world.
National Curriculum Purpose of Study
A high-quality computing education equips children to use computational thinking and creativity to understand and change the world. Computing has deep links with mathematics, science, and design and technology, and provides insights into both natural and artificial systems. The core of computing is computer science, in which children are taught the principles of information and computation, how digital systems work, and how to put this knowledge to use through programming. Building on this knowledge and understanding, children are equipped to use information technology to create programs, systems and a range of content. Computing also ensures that children become digitally literate – able to use, and express themselves and develop their ideas through, information and communication technology – at a level suitable for the future workplace and as active participants in a digital world.
Computing Implementation
We use the Teach Computing curriculum, from the NCCE (National Centre for Computing Education), which uses the following pedagogical principles:
Lead with concepts: Support children in the acquisition of knowledge, through the use of key concepts, terms, and vocabulary, providing opportunities to build a shared and consistent understanding. Glossaries, concept maps, and displays, along with regular recall and revision, can support this approach.
Unplug, unpack, repack: Teach new concepts by first unpacking complex terms and ideas, exploring these ideas in unplugged and familiar contexts, then repacking this new understanding into the original concept. This approach (semantic waves) can help children develop a secure understanding of complex concepts.
Create projects: Use project-based learning activities to provide children with the opportunity to apply and consolidate their knowledge and understanding. Design is an important, often overlooked aspect of computing. Children can consider how to develop an artefact for a particular user or function, and evaluate it against a set of criteria.
Challenge misconceptions: Use formative questioning to uncover misconceptions and adapt teaching to address them as they occur. Awareness of common misconceptions alongside discussion, concept mapping, peer instruction, or simple quizzes can help identify areas of confusion.
Structure lessons: Use supportive frameworks when planning lessons, such as PRIMM (Predict, Run, Investigate, Modify, Make) and Use-Modify-Create. These frameworks are based on research and ensure that differentiation can be built in at various stages of the lesson.
Work together: Encourage collaboration, specifically using pair programming and peer instruction, and also structured group tasks. Working together stimulates classroom dialogue, articulation of concepts, and development of shared understanding.
Model everything: Model processes or practices — everything from debugging code to binary number conversions — using techniques such as worked example s and live coding. Modelling is particularly beneficial to novices, providing scaffolding that can be gradually taken away.
Add variety: Provide activities with different levels of direction, scaffolding, and support that promote active learning, ranging from highly structured to more exploratory tasks. Adapting your instruction to suit different objectives will help keep all children engaged and encourage greater independence.
Make concrete: Bring abstract concepts to life with real-world, contextual examples and a focus on interdependencies with other curriculum subjects. This can be achieved through the use of unplugged activities, proposing analogies, storytelling around concepts, and finding examples of the concepts in children’ lives.
Read and explore code first: When teaching programming, focus first on code ‘reading’ activities, before code writing. With both block-based and text-based programming, encourage children to review and interpret blocks of code. Research has shown that being able to read, trace, and explain code augments children’ ability to write code.
Get hands-on: Use physical computing and making activities that offer tactile and sensory experiences to enhance learning. Combining electronics and programming with arts and crafts (especially through exploratory projects) provides children with a creative, engaging context to explore and apply computing concepts.
Foster program comprehension: Use a variety of activities to consolidate knowledge and understanding of the function and structure of programs, including debugging, tracing, and Parson’s Problems. Regular comprehension activities will help secure understanding and build connections with new knowledge.
The Teach Computing journey is taught using the following concepts and skills, within a coherent and well-sequenced spiral curriculum. Each component provides all children with the knowledge and skills required to progress from one year group to the next. | https://www.themeadtrust.org/our-approach-to/the-curriculum/computing/ |
EECS students have met among the highest admission requirements within the University. They push one another to grow and succeed as do their professors. EECS faculty members possess industry and research experience that provides real-world examples of fundamental concepts being taught in the classroom. Small classes enable in-depth discussions, projects, and problem-solving activities. Hands-on laboratories and capstone courses require students to put their formidable knowledge base into action.
First and foremost, it starts with the people. Professors, not teaching assistants, teach almost all undergraduate EECS courses. Fellow EECS students will have met the highest admission requirements within the School of Engineering. Students push one another to grow and succeed through study groups and other support networks. Small classes enable in-depth discussions, projects, and problem-solving activities, while hands-on laboratories augment the classroom experience. In freshmen/sophomore EECS courses, upperclassmen, known as supplemental instructors, meet with students and answer their questions, helping our students build a solid EECS foundation.
EECS professors strive to create a rich learning environment that blends theory and practice. Their vast research and industry experience provides real-world examples that underscore fundamental concepts. Professors also serve as academic advisors, assisting students on issues including class suitability, degree requirements, university policies and procedures, and career planning.
The National Science Foundation has honored a trio of EECS teacher-scholars with prestigious CAREER awards. Seven EECS professors have received W.T. Kemper Fellowships for Excellence in Teaching. The University of Kansas selects 20 award winners annually. The Department has five Fellows of the IEEE, the highest professional grade, and six federal program directors who have created new research programs and national policy.
Bridging the gap between the classroom and industry, capstone courses are the culmination of the EECS program. Seniors apply all four years of classroom knowledge to solve real-world engineering or computer science problems. They design, build, and analyze systems that adhere to industry standards, while gaining important communication and presentation experience. Students perform projects in teams. Employers greatly value graduates with capstone experience.
KU Information Security Club (aka the Jayhackers) The Information Security Club is a competition based group that focuses on learning security concepts through Collegiate Cyber Defense Competitions. KUISC provides students with hands-on experience in offensive and defensive security concepts in competitions and lab workshops. In addition to experience, security professionals from the industry are invited in to give talks about their work and how school might prepare them. This club allows for a rare combination of technical and team skills that can expand a student's knowledge and leadership.
IEEE is the world's leading professional association for the advancement of technology. KU-IEEE serves as a source of professional and technical information.
ACM, the world’s largest educational and scientific computing society, delivers resources that advance computing as a science and a profession. ACM provides the computing field's premier Digital Library and serves its members and the computing profession with leading-edge publications, conferences, and career resources.
Upsilon Pi Epsilon is an honorary society whose membership consists of outstanding undergraduate and graduate students in Computing and Information Disciplines. It recognizes academic excellence at both the undergraduate and graduate levels in the computing sciences. UPE members are chosen not only for their scholastic achievement in computing science, but also for distinguishing themselves as true professionals. Members promote the computer sciences and encourage their contribution to the enhancement of knowledge.
Eta Kappa Nu is the student honor society of IEEE and is dedicated to encouraging and recognizing excellence in the IEEE-designated fields of interest including Engineering, Computer Sciences, and Information Technology. Student members are selected on the basis of scholastic standing, character, and leadership. Through a variety of service programs and leadership training, student members develop lifelong skills that earmark them for prominent positions in industry and academia. | https://eecs.drupal.ku.edu/prospective-students/undergraduate/academic-experience |
Our primary curriculum stresses strongly on the conceptual learning of the subjects, as here the skills the students developed in the Early Year Program comes into action.
Each year, as they begin their journey to Primary Grades of I, II,III, IV and V. Everything learned in the primary classes will build the initial ground for the students to work towards their dream. In this crucial phase, every aspect of learning i.e. academics, inculcating values, discipline etc is closely taken care of. The development during the primary stage of education empowers the comprehensive abilities, enhancing their vision for both personal and academic goals.
Our curriculum is meticulously designed to give students a clear understanding of the topics that have a vital significance throughout their life. We accomplish this through our innovative teaching methods, focusing on the application of concepts and creating a hands-on experience for students, using learning kits and practical methods.
Teaching Methodology
- Our curriculum consists of application based learning methods, all basic concepts are cleared. Each subject, be it Maths, Science, Social Studies, or even additional subjects like Computer Science, Hindi, General Knowledge & Moral classes are catered to, with a basic concept of learning by doing.
- Our teachers make use of various creative methods and activities to display what we usually learn in the form of textbooks. What a child learns in his/her primary years is never forgotten if taught well, and that is what we emphasize on. | https://kingofkingsschools.com/matric/primary-2/ |
Physics Logic (Physical Science for the Logic Stage) is an inquiry based, hands-on physical science curriculum for middle school students. It is created to provide teachers with the tools and inspiration to engage their students in meaningful, hands-on science and service learning experiences through tangible curriculum, shared resources, and real-world contexts. This curriculum was field tested in the public school classroom and modified for the homeschool or co-op setting.
Physics Logic is comprised of four disciplines (Chemistry, Electricity & Magnetism, Simple Machines & Laws of Motion, and Engineering & Design). The units can stand alone or can be combined for a complete academic year curriculum. The order in which the units are taught is flexible. Alternatively, you may combine an Physics Logic unit with a unit from the Life Logic series or Earth Logic series.
The Engineering & Design unit studies bring hands-on physical science, technology, engineering, and math (STEM) activities together with art and science writing in fun and challenging ways. I am delighted to share these activities with you so that you may teach engineering concepts to your children and build on their natural curiosity through hands-on learning. Engineering is, after all, one of the fastest growing industries in the world! The projects and activities outlined in each of these unit studies can be modified for small groups or with individual students. | https://evavarga.net/product/worlds-tallest-buildings/ |
Campus Engage works to embed, scale and promote accredited student community-based learning and teaching (CBLT) on campuses across Ireland.
Community-based learning and teaching are academic approaches that seek to enhance student learning outcomes, while working in partnership with civic and civil society organisations (CSOs) to act on local and global societal challenges.
Community Engaged Learning Online Course
The Campus Engage Community Engaged Learning (CEL) course is an introductory programme for teaching staff in higher education, which explores the basic concepts and practical steps on how to integrate CEL into any teaching curriculum. The course is built around a series of video tutorials, solo and group activities, a selection of academic and grey reading material, and online case studies with community partners, students and academics.
The course is 25-hours learner effort and is undertaken over a 6-week period, after which learners can claim their digital badge in Community Engaged Learning from the National Forum for the Enhancement of Teaching & Learning in Higher Education (NFETL).
To see our digital course brochure, please click here.
What is Community Engaged Learning?
Community engaged learning is a form of experiential education with a community engagement for societal impact underpinning. Students gain academic credit for engaging and reflecting on a learning experience or piece of research in partnership with a community organisation.
This allows students to explore ‘real life’ problem solving, their future role as a professional, and how they can contribute to address Irish, EU and international societal challenges.
Existing examples include law students providing legal advice to the public in their local community law centres; engineering students working with older people to design innovative occupation support tools; or dietetics students giving nutrition workshops with local school students.
Course Outline
Pre-course content
Introduction to the course, the virtual learning environment and your course colleagues.
Week 1
Community Engaged Learning – Introduction and Rationale
Explore the definitions and characteristics of community engaged learning in Ireland, with case study examples.
Week 2
Community Partnerships
How to build and sustain working relationships with community groups with a partnership approach to support Community Engaged Learning.
Week 3
Embedding Community Engaged Learning in the Curriculum
Explore the various curriculum design options as you embed CEL and consider how to write learning outcomes for CEL.
Week 4
Engaging Students
Consider the key information students require about CEL. The focus is on preparing students to engage effectively in CEL activities.
Week 5
Assessment of Community Engaged Learning
How to assess if students have achieved the intended learning outcomes of their CEL experience.
Week 6
Claiming your NFETL Digital Badge in Community Engaged Learning
Why you should take this course?
- Enhance your teaching by providing students with practical experience of applying academic learning in a real-world setting with community-based organisations.
- Contribute to students learning outcomes across citizenship, team work, effective communication, leadership, empathy and enhance their social capital.
- Network with community partners to open up new learning and research projects, interdisciplinary funding opportunities, or publications. No prior experience with community organisations is necessary to take this course.
- Walk away with a plan and tools to develop learning outcomes, assessment techniques, learning agreements, process guides, and case studies of successful projects.
- Become part of a national Campus Engage network of community engaged teaching and research practitioners. | https://www.campusengage.ie/our-work/students-learning-with-communities/training/ |
Understanding by Design (UbD)
UbD offers a planning framework to guide curriculum, assessment and instruction with a focus on teaching and assessing for understanding and transfer. Defined Learning provides sets of performance tasks, literacy tasks and constructed responses in which students engage in “real world” applications of key concepts and skills. In Jay McTighe’s whitepaper, he describes the complementary connections between Understanding by Design and Defined Learning.
Key Ideas
The two key ideas of Understanding by Design are contained in its title: 1) focus on teaching and assessing for understanding and transfer, and 2) design curriculum “backward” from those ends.
UbD is based on seven key tenets:
- UbD is a way of thinking purposefully about curricular planning, not a rigid program or prescriptive recipe.
- A primary goal of UbD is developing and deepening student understanding: the ability to make meaning of learning via “big ideas” and transfer learning.
- Understanding is revealed when students autonomously make sense of and transfer their learning through authentic performance. Six facets of understanding the capacity to explain, interpret, apply, shift perspective, empathize, and self assess -serve as indicators of understanding.
- Effective curriculum is planned “backward” from long-term desired results though a three-stage design process (Desired Results, Evidence, Learning Plan). This process helps to avoid the twin problems of “textbook coverage” and “activity-oriented” teaching in which no clear priorities and purposes are apparent.
- Teachers are coaches of understanding, not mere purveyors of content or activity. They focus on ensuring learning, not just teaching (and assuming that what was taught was learned); they always aim – and check – for successful meaning making and transfer by the learner.
- Regular reviews of units and curriculum against design standards enhance curricular quality and effectiveness.
- UbD reflects a continuous improvement approach to achievement. The results of our designs – student performance – inform needed adjustments in curriculum as well as instruction.
Defined Learning Reinforcement of UbD
Defined Learning reinforces these tenets and supports the Understanding by Design framework for curriculum, instruction and assessment. Through the utilization of performance tasks and related resources, Defined Learning reflects the educational strategies of STEM education and project-based learning. Real-world videos set the stage for each learning experience by showing the practical application of educational concepts within an industry and/or organizational context. Performance tasks built around the demands of specific careers/industries ask the students to apply knowledge and skills in authentic situations. Literacy tasks encourage students to read, synthesize and write informative and/or position papers around the real-world issues. Tasks set in an international context give learners opportunities to explore challenges and opportunities with global implications. | https://www.definedlearning.com/pd-center/understanding-by-design-ubd/ |
The growing interest in KM by the IFLA community was confirmed by the approval of Knowledge Management as IFLA Section in December 2003. The KM Section is a unit in IFLA's Division III (Library Services).
With this growing interest in the implementation of Knowledge Management through out the library and information environment, LIS professionals have expressed a need for a deeper understanding of KM's many dimensions and its relevance to their work. The IFLA KM section endeavours to facilitate the application of KM in libraries by developing a program of activities that supports information professionals implement KM in their own organizations.
Working definition of knowledge management
KM is a process of creating, storing, sharing, applying and re-using organisational knowledge to enable an organisation to achieve its goals and objectives. KM is extending the concept of "knowledge" beyond existing concepts like "memory", "storage", and "information". The term covers such areas as tacit knowledge (expertise), implicit knowledge, explicit knowledge and procedural knowledge.
Mission
KM encompasses many dimensions of organisational management and the activities of the Section are intended to reflect this by providing a broad platform of integrated activities, through working co-operatively with other IFLA sections and divisions, and appropriate professional organisations.
The objectives of the Section are to:
- support the implementation of KM culture in libraries and information environments
- provide an international platform for professional communication and understanding of the significance of KM for librarians and their institutions
- follow the developments in KM and promote its practical implementation within the IFLA community
To meet the demand of librarians to enhance their skills in an ever changing work environment, the Section seeks to provide theoretical and practical knowledge in areas of KM such as:
- knowledge sharing
- improved measures of performance
- being value-oriented rather than just service-oriented
- explore the "pros and Cons" of KM implementation
- utilize interactive communication in information settings to enhance knowledge sharing
- using IT for converting knowledge into information for use
- knowledge retention and preservation
Activities
- The KM Section aims to work collaboratively with other sections to develop sessions and programmes that focus on various aspects of KM and explore areas of mutual interest e.g., education and training; professional development; LIS theories and methodologies; intercultural communication; organisational development; IT and media.
- To share "best practice" examples and case studies to make KM applicable to a wide range of information professionals in libraries and information centres, worldwide.
- Investigate how professional associations influence and support the implementation of KM in libraries and information environments.
- Maintaining a KM Section website as a repository of KM information, KM list-serve for communication and distribution of information relevant to section members and publishing a twice yearly newsletter.
Membership
We welcome everybody to contribute to the work of the KM Section and to support us with creative ideas and suggestions that will develop this subject area within LIS.
All new members need to submit an application form to IFLA Headquarters. Application forms and membership information are available on the IFLA website or by request from IFLA HQ.
Mailing List
The Knowledge Management Discussion List is an open list for librarians and others interested in discussing the issues of the "new" field of knowledge management, particularly with regard to setting up such a function in their libraries or organizations.The List will also provide an opportunity for discussion about the activities of the IFLA Knowledge Management Discussion Group. | http://origin-www.ifla.org/about-the-km-section |
Today's students are tomorrow's leaders! Discover how to transform student learning into an authentic exploration of real-world problems and solutions and inspire your students to become Earth Citizens of a sustainable future.
The CELF Summer Institute in Education for Sustainability (EfS) is an intensive multi-day workshop that enables teachers to integrate the concepts of sustainability into their existing curricula. The Institute equips K-12 teachers with practices and teaching methods to address the core concepts of EfS – the intersection of social, economic, and ecological systems – and how the balance of those three systems is vital to a sustainable future, and relevant to all subject areas.
The Institute begins by building a learning community and a common vocabulary around sustainability, and progresses with hands-on activities, case studies, guest presentations, evening excursions and field work. The schedule includes supported planning time so that participants will have tangible materials to bring back to their classrooms. | https://celfeducation.z2systems.com/np/clients/celfeducation/event.jsp?event=24 |
Computer Security: Principles and Practice, 4th Edition, is ideal for courses in Computer/Network Security. The need for education in computer security and related topics continues to grow at a dramatic rate—and is essential for anyone studying Computer Science or Computer Engineering. Written for both an academic and professional audience, the 4th Edition continues to set the standard for computer security with a balanced presentation of principles and practice. The new edition captures the most up-to-date innovations and improvements while maintaining broad and comprehensive coverage of the entire field. The extensive offering of projects provides students with hands-on experience to reinforce concepts from the text. The range of supplemental online resources for instructors provides additional teaching support for this fast-moving subject.
The new edition covers all security topics considered Core in the ACM/IEEE Computer Science Curricula 2013, as well as subject areas for CISSP (Certified Information Systems Security Professional) certification. This textbook can be used to prep for CISSP Certification and is often referred to as the ‘gold standard’ when it comes to information security certification. The text provides in-depth coverage of Computer Security, Technology and Principles, Software Security, Management Issues, Cryptographic Algorithms, Internet Security and more.
Features
- Current developments and topics in computer and network security
- The content in the book is unified by four basic themes.
- Principles: Although the scope of this book is broad, there are a number of basic principles that appear repeatedly as themes and that unify this field, for example, authentication and access control. The book highlights these principles and examines their application in specific areas of computer security.
- Design approaches: The book examines alternative approaches to meeting specific computer security requirements.
- Standards: Standards have come to assume an increasingly important, indeed dominant, role in this field. An understanding of the current status and future direction of technology requires a comprehensive discussion of the related standards.
- Real-world examples: A number of chapters include a section that shows the practical application of that chapter’s principles in a real-world environment. | https://www.emobooks.com/9781292220611-computer-security:-principles-and-practice,-global |
Our methodologies of learning focus on the student. Learning is made fun and effective through various innovative methodologies designed to engage the student actively. Students can expect learning to be both enjoyable and meaningful at SPS.
One of the significant objectives of SPS, Indore is to provide for balanced, overall development of the pupil. In accordance with this philosophy, activity at SPS extends beyond the classroom through our comprehensive Co-Curricular Activities programme, as a means to enhance social interaction, leadership, healthy recreation, self-discipline and self-confidence. The programme is designed for pupils to develop physically, emotionally, culturally and socially by providing them with opportunities to broaden their horizons, gain knowledge and skills, and generate an interest in a variety of areas they may not have previously experienced. It also provides a refreshing counterbalance to the demands of the students’ academic studies and encourages students to share their energy and special talents with others.
The curriculum encourages students to develop an understanding of key concepts. In the curriculum, at this level, concepts are represented by different examples that share common attributes. In this way, a sound base is built to equip them with appropriate attitude and skills.
The teaching is project based, activity oriented and content centric. Theme teaching is in practice to promote cross curriculum understanding.
Pre-primary is a term that is generally associated with the education or instructions for the children under the statutory school age. Pre-primary education at SPS enhances the skills of a child before his/her stepping into the primary school. It generally includes nursery classes and kindergartens. Pre-primary education is followed by primary education. This fundamental education is useful for children in many ways, it also helps them to get familiar with the school type environment.
The importance of beauty in the Montessori classroom can be keenly observed in the Practical Life area of the classroom. Practical Life activities have a unique purpose which, when carried out properly, are very calming. These activities seem to be simple and repetitive but help in intellectual development, quality achievements, creativity and enthusiasm of children.
Developing a sense of order (putting all materials back where they belong).
Increasing independence through care of self and the environment.
Developing respect for his community (using materials appropriately and cleaning up afterwards) improving fine motor coordination. | http://sps-indore.com/methodology/ |
This document expresses ESUs view on the social dimension, and it is intended primarily to be used by ESUs representatives as a basis for work involving social dimension issues in different fora. Decided upon by the Board Meeting, this document gathers and replaces a number of earlier statements concerning the social dimension (listed at the end of the document) and takes their place as the basis for how ESU is to work with social dimension issues.
The crisis has deep consequences on the social situation of students throughout Europe. Furthermore these consequences will also effect the next generations of students considering the growing precariousness in our continent, at least for the following years or decades. In many countries, the number of young people joining higher education institutions is decreasing year after year and the social inequalities are reaching an unknown level. Therefore social dimension of higher education and the will of ESU and NUS’s to enhance it at the European level and among European states gains a crucial significance in any time of crisis. As student representatives and citizens engaged in social progress, ESU members are deeply aware of the necessity of allowing a growing number of young people to benefit from an public, freely accessible education, and quality and a qualification, which is necessary to be protected from unemployment and to benefit from decent conditions of work. To ensure the future and the cohesion of our societies, we want to use this paper as a way to stress the responsibility of states to implement public policies related to our conception of the social dimension This is the purpose of this policy paper.
Higher Education is a societal and social phenomenon, which must operate within the bounds of a responsibility to the society in which it exists, both internally (within its own mechanism) and externally (in its coexistence with the state).
Education is a human right, a public good and must be free of barriers.
The social dimension, therefore, can be termed a toolkit for social inclusion and social mobility, and when speaking of the social dimension it is the attainment of this social inclusion and mobility that is the fundamental goal.
From the start it is important to note that the social dimension is vastly more than simply financial support. Higher education’s responsibility to cultural, political, scientific and human development must all be considered simultaneously to grasp the whole breadth of the social dimension. The social dimension refers to all levels of higher education, not simply learners but teachers and leaders also, and it also extends beyond higher education institutions.
Higher education contributes to the overall life passage of all people involved in it, not just formatively, but also towards preparing people for their life. However, higher education should not be limited to those at an early stage, but also be available for all of society at any point in their lives, so that lifelong learning may become a reality.
As higher education is a proven means of improving society’s prospects in terms of mobility, outputs, quality of life, community, and even general health, it must be understood as a societal good, and a societal responsibility. So, even as higher education benefits all of society, it is society’s responsibility to enable it. Higher education is, in the most simple terms, a strategic investment for any state, while primarily it is a human right. As such, it must be seen as a long-term investment of society and for the good of all society, whose benefits repay society many times over if it is sustained and stable. Those who benefit from higher education also includes economic actors, and the long-term investment view expressed above does not stand in contrast to the interests of economic actors – indeed they benefit as much as the rest of society.
No person should be confronted by any barrier to higher education, and it is a societal responsibility to make sure that everyone has actual equal access to higher education.
In order to sufficiently grasp the whole span of the social dimension it is useful to set some basic indicators, which will be in turn qualified and defined.
2.1 Access
Access should not be considered solely admission to higher education, but more fully as the means and mechanisms by which a student enters, is supported during, and is given the tools to succeed after a course of higher education. Access must be free, meaning not only economically free but also free in terms of without barriers.
Higher education must be open to all under conditions of fair equality of opportunity. The key concept behind this free access lies in adequately identifying and confronting barriers which are presented both by higher education systems themselves and also by individual and external factors. The obligation rests both with the state and the institution in ensuring that higher education is truly accessible for all, so that it has its fair value guaranteed.
It is essential that access is thought of as including all levels of the education system. Work with the social dimension loses its force and meaning if at the onset only a small an unequal part of the population have the possibility to take part in Higher Education.
The social dimension, and specifically in this case ‘Access’ can be seen as the means by which those who may be motivated to participate in higher education are enabled to do so, but it is also the conscious work to ensure that those motivations aren’t squashed by class structures to begin with. So, more importantly it is the mechanism by which barriers to those who could, but cannot, participate are enabled to do so.
Given the increasing precarity for the European populations and especially its youth, the potential decrease in the number of students accessing HE is a real threat in many countries. Therefore, an active financial aid policy is needed not only to garantee equal access to education, but to allow a higher number of students to be able to participate in higher education. More than ever, a further investment in student grants is a necessity in order to achieve an inclusive and more participated HE system.
2.2 Diversity
Society is diverse, therefore higher education must be prepared to operate in a diverse context. Within higher education diversity should be fostered and encouraged actively, recognising and acknowledging that different people require different means of working, which is ultimately of benefit to all involved.
Diversity should not only be thought of by means of demographic mirroring, for example, but rather in a holistic manner – including the entire population in a higher education system which benefits the entire population.
Obviously, specific tools will need to be employed to enable this as a process, but these tools must be adaptive, flexible and tolerant to change, lest they become inherently oppressive to the diversity agenda.
2.3 Equality
Equality is the state of being equal, especially in rights, status, and opportunities. True equality within diversity is only possible if we do not treat everyone in the same way. This does not mean that equity and equality are the same thing – equity is one limited aspect of equality. Equality is a process by which individuals are treated according to their individual needs and requirements and thus equality should be a long-term goal and must be habitual and practised daily.
It is not sufficient to only come to considering equality at the point of entrance, but more importantly throughout the entire system and structure of higher education, and the education system as a whole from the very beginnings up to and including the highest echelons of decision making. This applies just as equally to the entire social structure, not only education, as equality cannot flourish only within one comfortable sector, but must be endemic within societies in order for its positive impacts to be felt.
2.4 Social mobility
Social mobility is a process by which people are enabled to reach their self-estimated full potential, regardless of one’s social status, reducing social inequality across all of society. In order to decrease social selectivity in the access to higher education and thus increasing the societal academic rate, access to higher education has to be opened increasingly.
In an age of higher educational attainment, the social dimension of higher education must recognise that social mobility is enabled and curated by participation in higher education. Higher education can no longer be simply a status-enhancing activity, but something that is available for all in order to enhance their social mobility.
High levels of participation in higher education supports active democratic participation, and society to truly take possession of their own decision making processes on every level.
True social mobility must, in fact, occur outside of higher education, also before and after higher education. People must be enabled to participate of course, but also must be shown the means by which they may benefit from the experience and learning granted to them by higher education.
2.5 Affordability
The solidarity investment concept, as discussed above, is the key motivation behind enabling persons to participate entirely in higher education. The most obvious potential barrier to participation in higher education is financial. It is not sufficient to say that ‘the average person’ can afford to access higher education, but rather every one can. Therefore, there must be no cost to the individual to participate during their studies.
Participants in higher education must be allowed to focus their energies entirely on the experience of learning. Therefore social support must be offered without prejudice, without any financial or motivational barrier to accessing it or stigma associated with receipt and benefit from it. Students must be provided with a framework that enables them to focus on their studies at whatever pace they choose. Students should be enabled to study without having to work to supplement their cost of living.
Graduates of higher education will remit the state’s expense of their tuition and support throughout their working life by means of income taxation, in that process, they will repay this many times over, and in turn enable the next generation to participate to at least the same level as they themselves enjoyed, if not more so.
2.9 Lifelong learning
Higher education should be accessible to people at every point in their life. The benefits of consistent lifelong learning activities are great and varied – an open and diverse higher education, even if only on an institutional level, must be intergenerationally diverse as well as ethnically, for example.
As employment habits are prone to rather rapid change, the availability of lifelong learning is increasingly important. Higher education must be available to all, at any point in time.
Institutions and systems must be prepared to react to the changing needs of learners in a comprehensive and systematic way. In addition, everyone regardless of age should be entitled to the same rights, for example state-provided financial support of studies.
2.10 Active anti-discrimination measures
It is the responsibility of higher education systems, institutions and individuals within these, to acknowledge and actively recognise and confront discrimination whenever it occurs. There are many tools, which can be used to encourage a truly open, diverse, and accepting context for higher education, and these are as diverse themselves as the many grounds of discrimination that exist now, or will in the future. This list must include among others homophobia, transphobia, racism, sexism, ageism, classism, and xenophobia.
Self-identification is the power of an individual to define themself amongst others, to have the possibility to say who they are and what they stand for without being bound by other people’s labels and constraints.
There is often a lack of diversity in decision-making processes within systems and institutions. It is the obligation of the system and the institution to make these processes as open and democratic as possible, through whatever appropriate measure, to encourage the greatest possible diversity in decision-making processes. In short, ESU encourages the greatest respect for diversity within the democratisation of higher education.
Affirmative action is a means to achieve equality by a programme of proactive measures. Positive discrimination is a process that seeks to temporarily redress a specific inequality by focussing on the rights of a discriminated group within society. These two can be understood only as a short-term measure, and must be pan-systematic, not simply enacted and abandoned in place once.
ESU will continue to oppose all attempts to limit freedom of speech and expression within societies or higher education systems which will negatively impact on participation in higher education or society as a whole.
Although the generalities of the above should be clearly understood, some specific areas need to be highlighted in terms of the social dimension’s impacts on them.
3.1 Social support
Social support systems must be understood as a way to ensure that participants in higher education are able to support themselves throughout their studies, and that no one is left behind because of the lack of services. Therefore the system has to examine the individual needs which differ from one person to another, but must guarantee at least housing, physical and infrastructural support, emotional and mental well-being, healthcare, transport, financial, social and cultural needs, as well as many other factors.
3.2 Gender Equality
As higher education operates within society as a whole, it must function within a gender equal context. This is a large scale and systematic undertaking, detailed thoroughly in ESU’s Gender Mainstreaming Strategy (ESU, 2012).
3.3 Disabilities
Social-support must be based on individual needs. This can become considerably more complicated when considering students with disabilities. For example, simply making infrastructural changes to facilities in order to enable wheelchair users’ access to buildings is insufficient to sufficiently support learners with special needs.
It is the responsibility of higher education institution to ensure that everyone no matter what disability can participate in the same and full manner than other students. Higher Education systems and organisation are responsible for providing an adequate learning environment for everyone’s needs.
3.4. Health and well-being
Students’ physical, mental and social well-being must also be a concern of the society and the institutions of higher education. Affordable student health care and university sports services prevent severe problems that prohibit students from being successful in their education.
General health care, both physical and mental, should be provided complimentarily to enable all people to participate in a non-detrimental manner in higher education.
“Health care services and sport services must be equally and easily accessible. It is the role of the higher education institutions to ensure that sufficient sport services are organized and sports encouraged.”
3.5 Student as a Learner
The most complex and well-developed and implemented access and support mechanisms may still collapse when not implemented properly with regard to teaching and learning. ESU encourages the continuing development of responsive student-centered learning concepts.
3.6 Counseling and advising
Every student must have access to student-centered advice whenever it may be necessary during the course of their studies. This advice should not necessarily be limited to internal matters, but (specifically at the point of exit from higher education) should also give guidance on general welfare and personal development, for example. Students should be aware of the existence of support mechanisms.
3.7 Students with children
A child’s welfare must always be secured. Students with children must be accommodated in their studies so that they are able to perform to the best of their abilities, both as parents and as students. Higher education institutions must take families into account when planning timetables, university housing and any other areas where parents can be accommodated. Society must provide the student parent with sufficient financial support for the student to be able to focus both on childcare and schoolwork without either suffering.
3.8. Intergenerational Equality
Intergenerational equality is one of the key challenges for Europe which is facing radical demographic changes. With the shifting age distribution, the burden of sustaining a Europe of equal opportunities and rights for all its citizens, the youth — are already facing a greater financial burden than the generations before us. Intergenerational equality means that while the younger generation has a responsibility to the older, the older generation must realize and protect that the generation coming after them will have at least the same educational opportunities. For instance, increasing and introducing tuition fees is a form of intergenerational inequality and as such is intolerable. Other areas that must be addressed include among others, social support (including student support), questions on working life and retirement which must be considered and built as intergenerational equality as a grounding principle.
This policy draws from sections of the following policies, statements and strategies of ESU. In case any conflict arises with any other policy of ESU, this policy shall take precedence: | https://esu-online.org/?policy=2012-policy-paper-esu-policy-on-the-social-dimension |
On 14 April 2021, the House of Lords is scheduled to debate the following motion:
Baroness Lister of Burtersett to move that the Grand Committee takes note of the case for building an inclusive society in the post-pandemic world; and the steps that national and local government will need to take to achieve an inclusive society in the United Kingdom.
What is an inclusive society?
It was at the World Summit for Social Development, held in Copenhagen in 1995, that world leaders defined an inclusive society as a “society for all”. This would be a society “in which every individual, each with rights and responsibilities, has an active role to play”. A ‘programme of action’ accompanying the summit declaration elaborated:
Such an inclusive society must be based on respect for all human rights and fundamental freedoms, cultural and religious diversity, social justice and the special needs of vulnerable and disadvantaged groups, democratic participation, and the rule of law.
The summit declaration noted social exclusion, poverty and unemployment as particularly profound social problems affecting every country. In response, the declaration included ten policy commitments to help drive social development. Among these was a promise to “promote social integration based on the enhancement and protection of all human rights”. This was accompanied by undertakings at both national and international levels. The commitment said:
We commit ourselves to promoting social integration by fostering societies that are stable, safe and just and that are based on the promotion and protection of all human rights, as well as on non-discrimination, tolerance, respect for diversity, equality of opportunity, solidarity, security, and participation of all people, including disadvantaged and vulnerable groups and persons.
The summit’s programme of action noted that a failure of social integration could lead to social fragmentation and polarisation; widening disparities and inequalities; and strains on individuals, families, communities and institutions as a result of factors such as the rapid pace of social change, economic transformation and migration.
More recently, the UN Sustainable Development Goals (SDGs), agreed in 2015, included a goal in respect of building inclusive societies. This is to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”. It has 12 associated targets that cover a range of issues. Examples include significantly reducing all forms of violence; promoting the rule of law at the national and international levels and ensuring equal access to justice for all; ensuring responsive, inclusive, participatory and representative decision-making at all levels; and the promotion and enforcement of non-discriminatory laws and policies.
The concept of social inclusion is linked to that of social cohesion. The UN Department of Economic and Social Affairs (UN DESA) explains the two concepts as follows:
- Social inclusion is the process by which efforts are made to ensure equal opportunities—that everyone, regardless of their background, can achieve their full potential in life. Such efforts include policies and actions that promote equal access to (public) services as well as enable citizens’ participation in the decision-making processes that affect their lives.
- Social cohesion is a related concept that parallels that of social integration in many respects. A socially cohesive society is one where all groups have a sense of belonging, participation, inclusion, recognition and legitimacy. Such societies are not necessarily demographically homogenous. Rather, by respecting diversity, they harness the potential residing in their societal diversity (in terms of ideas, opinions, skills, etc). Therefore, they are less prone to slip into destructive patterns of tension and conflict when different interests collide.
The World Bank also promotes the importance of social inclusion. It describes this as the “process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity”. The bank has noted that in every country there are some groups that “confront barriers that prevent them from fully participating in political, economic and social life”, adding:
These groups may be excluded not only through legal systems, land, and labour markets, but also discriminatory or stigmatising attitudes, beliefs, or perceptions. Disadvantage is often based on social identity, which may be across dimensions of gender, age, location, occupation, race, ethnicity, religion, citizenship status, disability, and sexual orientation and gender identity, among other factors. This kind of social exclusion robs individuals of dignity, security, and the opportunity to lead a better life. Unless the root causes of structural exclusion and discrimination are addressed, it will be challenging to support sustainable inclusive growth and rapid poverty reduction.
The bank has said that aiming for social inclusion is not only “the right thing to do”, but “also makes good economic sense”. It contends that left unaddressed, the exclusion of disadvantaged groups, or the perception of exclusion, can be costly for both individuals and societies.
Building inclusive societies after the pandemic
UN Secretary General António Guterres has noted that the Covid-19 pandemic is “affecting every aspect of our societies”. While doing so, it is also “revealing the extent of exclusion that the most marginalized members of society experience”. The UN has said the pandemic is reversing progress towards the SDGs. In response, it has launched a Covid-19 Response and Recovery Trust Fund to help countries cope with and recover from the pandemic’s social and economic impacts. Inclusion is one of the ‘common principles’ that run through the fund’s investments, along with pursuing “concrete and immediate action” and “a focus on leaving no one behind”.
In February 2020, the UN Commission for Social Development held a session that included a ministerial forum meeting to mark the occasion of the 25th anniversary of the Copenhagen Declaration. Taking place a month before the World Health Organisation assessed Covid-19 as a pandemic, the focus of the forum was affordable housing and social protection systems to address homelessness. Chaired by Dame Louise Casey (now Baroness Casey of Blackstock), co-founder and chair of the Institute of Global Homelessness, the forum considered a range of issues and trends that were having an impact on social development. These included persistent poverty; high and rising inequality; economic and social impacts arising from population change; technological change and the future of work; and climate change and natural disasters. During the meeting, Aino-Kaisa Pekonen, Finnish Minister of Social Affairs and Health, suggested that universal social policies were key to building an equitable, inclusive society for all people.
The next Commission for Social Development session took place in February 2021. This focused on the role of digital technologies on social development and wellbeing of all. Ahead of the session, the commission prepared a report on how social policy could be used to promote a more inclusive, resilient and sustainable recovery after Covid-19. This said that the 2030 Agenda for Sustainable Development, which includes the SDGs, provided a “blueprint for building back better after the pandemic”. It added that social policy had a “key role to play in mitigating and overcoming the negative socioeconomic impact of the Covid-19 crisis, in particular the impact on disadvantaged and marginalised populations”. It added:
That can be achieved through a two-pronged strategy: taking fast-acting temporary measures to weather the crisis, while putting in place more comprehensive long-term policies and measures to build resilience against future risks and shocks.
Social policies need to be further strengthened to address the specific needs of people who have been hit the hardest during the crisis, including women, older persons, young people, persons with disabilities, indigenous peoples, migrant workers, people living in poverty and those in vulnerable employment who do not have social protection.
The Covid-19 crisis has also shone a spotlight on the social and economic risks of insufficient investment in social protection systems and public services. To build back better, a renewed social contract is needed to make the current socioeconomic system more inclusive, equitable, resilient and sustainable. There is an opportunity for transformational change.
The World Bank is another international body to have noted the impacts of the current Covid-19 pandemic. In particular, the bank has said the current health crisis has “put the spotlight on deep rooted systemic inequalities” within societies. This includes intensified impacts for those in some of the most marginalised groups, such as women, persons with disabilities, unemployed youth, sexual and gender minorities, the elderly, and ethnic and racial minorities. Because of this, the bank argues that inclusion should be a priority in the global recovery. It has said:
Stimulus packages for the Covid-19 recovery will need to be designed to counterbalance the widening social gaps and will have to guard against creating new forms of exclusion. The crisis is also an opportunity to focus on the rebuilding [of] more inclusive systems that allow society as a whole to be more resilient to future shocks, whether health, climate, natural disasters, or social unrest.
Building an inclusive society in the UK
UK in an international context
Before the pandemic, the UK ranked relatively highly on at least two international indexes that seek to measure inclusive societies. The World Economic Forum’s Inclusive Development Index 2018 placed the UK in 21st place among advanced economies for inclusive development. Within the G7, this placed it after Germany (12), Canada (17) and France (18), but ahead of the United States (23), Japan (24), and Italy (27). Meanwhile, the Othering and Belonging Institute at the University of California, Berkeley, publishes an inclusiveness index that seeks to measure inclusivity with a “focus on policy, laws, and institutions rather than economic forces”. The 2019 edition of the index listed the UK in sixth place among countries with a high inclusiveness score, representing no change on the previous year.
Approach to policy post-pandemic
A range of international and local bodies have suggested guiding principles for how policymakers at both a national and local level should adapt policy in the wake of the pandemic. This includes both in respect of addressing pre-existing issues and those thrown up and/or exacerbated by the pandemic.
In May 2020, UN DESA published a policy brief that listed four key responses to the pandemic that could help to “turn the tide on inequality”. These were listed as:
- Expand systems for the universal provision of quality public services.
- Identify and empower vulnerable groups.
- Invest in jobs and livelihoods.
- Act through the multilateral system to respond to disparities across countries.
In a special edition of its Global Competitiveness Report published in December 2020, the WEF identified 11 emerging priorities for countries to achieve economic transformation for productive, sustainable and inclusive prosperity. One of these was on “rethink[ing] labour laws and social protection for the new economy and the new needs of the workforce”. The report listed the UK as among a number of European countries that were “relatively better prepared than other approaches to combine adequate labour protection with new safety nets models”, including those that would expand the social protection floor.
More recently, and here in the UK, in March 2021 the British Academy published more detailed reports on understanding and addressing the long-term societal impacts of Covid-19. This was in response to a Government Office for Science request for an independent review on the subject. The evidence report listed nine interconnected areas of long-term societal impact arising from the pandemic:
- Increased importance of local communities.
- Low and unstable levels of trust.
- Widening geographic inequalities.
- Exacerbated structural inequalities.
- Worsened health outcomes and growing health inequalities.
- Greater awareness of the importance of mental health.
- Pressure on revenue streams across the economy.
- Rising unemployment and changing labour markets.
- Renewed awareness of education and skills.
In respect of the identified impact on revenue streams in particular, the report stated that the pandemic “offers an opportunity to adapt and improve the resilience and responsiveness of our economic structures”. It argued that a “different economic structure could be more inclusive, sustainable and green”.
The accompanying policy report proposed seven policy goals to shape policy over the next decade. These were proposed for consideration by policy makers, to inform how to respond to the social, economic and cultural challenges going forward. These were listed as follows:
- Build multi-level governance structures based on empowering participation, engagement and cooperation to strengthen the capacity to identify and respond to local needs.
- Improve the way we develop, share and communicate knowledge, data and information to enable all decision-makers to work from shared understanding of the facts.
- Prioritise investment in digital infrastructure as a critical public service to eliminate the digital divide, improve communication and joint problem solving, and create a more equitable basis for education and employment.
- Reimagine urban spaces to support sustainable and adaptable local businesses, amenities and lifestyles.
- Create a more agile, responsive education and training system capable of meeting the needs of a new social and economic environment and acting as a catalyst to develop and enhance our future.
- Strengthen and expand community-led social infrastructure that underpins the vital services and support structures needed to enhance local resilience, particularly in the most deprived areas.
- Empower a range of actors, including business and civil society, to work together with a sense of social purpose to help drive a solid strategy for recovery across the economy and society.
The report noted that the pandemic offered an opportunity to reshape society, but that this “requires vision and for key decisionmakers to work together”. It added: “We find that in many places there is a need to start afresh, with a more systemic view, and where we should freely consider whether we might organise life differently in the future”.
Read more
- Conservative Party, ‘Boris Johnson: Read the Prime Minister’s keynote speech in full’, 6 October 2020
- Labour Party, ‘Full text of Keir Starmer speech on A New Chapter for Britain’, 18 February 2021
- House of Lords Covid-19 Committee, ‘Homepage’, accessed 8 April 2021
- Trades Union Congress, A Better Recovery: Learning the Lessons of the Corona Crisis to Create a Stronger, Fairer Economy, 20 May 2020
- Confederation of British Industry, ‘Diversity and inclusion in a post-Covid world’, 24 November 2020
- Local Government Association, Building More Inclusive Economies, 24 June 2020; and Covid-19 Outbreak: Reset and Recovery—Councillor Guidance, 7 July 2020
- Nuffield Foundation, ‘Societal impacts of the Covid-19 pandemic: Emerging evidence from research funded by the Nuffield Foundation’, 15 December 2020
- UN Department of Economic and Social Affairs, ‘UN DESA policy briefs’, accessed 8 April 2021
- World Bank, ‘The human face of Covid-19: Six things to consider for an inclusive recovery’, 22 October 2020
- Helen Lambert et al, ‘Covid-19 as a global challenge: Towards an inclusive and sustainable future’, The Lancet Planetary Health, August 2020, vol 4 no 8, pp 312–4
- Baroness Lister of Burtersett, ‘Paths to universality’, Fabian Society, 5 March 2019
Cover image by MetsikGarden on Pixabay. | https://lordslibrary.parliament.uk/building-an-inclusive-society-in-the-post-pandemic-world/ |
For the first time, Quebec foundations are coming together to voice their concerns and express the unease felt by the individuals, families, and communities they support.
At a time when many government programs are being re-evaluated and the tax system is subject to an in-depth review, we question the potential impacts these changes could have on society.
We are particularly concerned about their impact on social inequality, a growing phenomenon worldwide which has led to calls for vigilance by the most credible economic organizations and, increasingly, by recognized political leaders.
A criterion for judging the reforms
We would like to constructively participate in the debate by inviting the Quebec government to consider our concerns and to fully measure the impact of its reform plans on citizens and communities.
It is, of course, necessary to manage public finances responsibly. It is equally important to ensure that public services are effective and that they achieve their goals, which is why they must be reviewed periodically.
We urge the government to guide its policy choices by the effects they have on social inequality, while responsibly managing public funds. We propose that the government adopt as one of the criteria for judging the merits of a particular reform that it reduces inequality or, at least, that it does not further increase it.
A more egalitarian society: a benefit to everyone
Quebec is the most egalitarian society in North America. This enviable situation is the result of our collective choices and is a significant economic and social asset. Inequality harms the economy, society and democracy, as experts from around the world have proven, and as we have seen through our day-to-day grassroots work throughout Quebec.
When inequality increases, there is a growing divide between citizens. Like the links in a chain that stretch and break, the links between members of a society also break, and the entire community suffers. Social issues worsen and pressure on public and community services increases, causing costs to rise. Everyone loses.
In the most inegalitarian countries, crime is higher and life expectancy is lower than elsewhere. Conversely, the most egalitarian countries are among the most economically prosperous and powerful countries in the world.
Over the years, Quebec has developed the means to reduce inequality through taxation, education, health care and adequate social services. Investing in everyone’s potential allows everyone to contribute to the best of their abilities. When each individual can put their shoulder to the wheel, the economy and society are better for it.
Remaining vigilant
Today it is no doubt time to see if the means we have chosen are still the most effective. But one thing that Quebecers will not call into question is the goal of being a society that gives everyone a chance. We believe that it is worth remembering this strong Quebec consensus illustrated by, among other things, the unanimous adoption by the National Assembly, in 2002, of the Act to Combat Poverty and Social Exclusion.
Despite such efforts, the level of inequality is greater in Quebec today than it was 30 years ago. We must therefore remain vigilant. The reforms will be more effective if they contribute to reducing inequality. This, we believe, is a winning proposition for all.
This statement has been signed by the directors of the Fondation Béati, the Fondation Berthiaume-Du Tremblay, the Foundation of the YMCAs of Québec, the Fondation Dufresne et Gauthier, the Lea Roback Foundation, the Lucie and André Chagnon Foundation, the Fondation Solstice, the Women’s Y Foundation and the J.W. McConnell Family Foundation. | https://mcconnellfoundation.ca/lets-not-lose-sight-of-the-impact-of-the-reforms-on-social-inequality/ |
The influential relationship between technology and society dates back to the beginning of human history. Every stage of human development is linked with some technology that supplies the tools which humans use to construct the social order (Ihde, 1990; Burke, 1985). Whether it was the crude tools of the stone age, the agricultural machinery of the green revolution or the factories of industrialization, the prevailing technology has often determined the type of most profitable work people do, the popular gadgets people use, and the institutions that come to be established (Mitchell, 2003, Mumford, 1934). The problem is that technological opportunities are not evenly distributed among individuals, nations and regions of the world. The pattern of access to technology shows a significant separation between rich and poor nations. The concentration of resources and technological innovations in rich countries and the lack of such opportunities in low income countries create a technological dualism which results in imbalances in access to technology, wealth and power (Singer, 1970). The unevenness of access to technology is a microcosm of the inequality that exists between two worlds - the so called Developed and Underdeveloped, the First and the Third, the Poor and Rich, High and Low-income countries or the Global North and Global South. The gap in technological adoption often threatens to deepen the existing disparities between the rich and poor nations. Accordingly, the role that technology plays in the development of nations fuels an endless debate. A similar disagreement is currently ranging over the technological gap which has resulted from the digital revolution. It is this discourse and its implications for bridging the global digital divide that form the subject matter of discussion in this chapter.
There is widespread agreement on the potential impacts of the digital divide between rich and poor countries, but despite the consensus on problem identification among scholars, strategies for bridging the divide are mainly disjointed (Kole, 2002; Schech, 2002). Proponents of the modernization and dependency theories that dominate the debate on ICT and development disagree on how the digital divide can be narrowed (Ojo, 2004). As ICT’s are increasingly recognized as important factors in economic development (UNDP, 1998; World Bank, 1998; Heeks and Jagun, 2007), and as world leaders strive to identify strategies for promoting ICT-led growth in low-income countries, it becomes imperative to examine the discourse which strongly informs the case for bridging the technological gap. This chapter examines whether the main theories that currently drive the ICT4development debate can generate policy guidelines that will stimulate ICT-led development in low-income countries. Specific questions that will be addressed in the chapter include the following:
To what extent do explanations offered by the modernization and dependency theories validate the potentials of ICT to facilitate or impede economic development in the low-income countries of the world?
Can ICT be deployed to correct decades of stagnant economic growth in poor countries and empower them to leapfrog several stages of their development into technological opportunities?
Can the poor countries of the world ignore the transformative power and the development potentials of ICT and follow an exclusionary development path to economic development in a globalized society? | https://www.igi-global.com/chapter/new-development-opportunity-confronts-old/66174 |
This review gives an overview of the societal inequalities faced by people with intellectual disabilities, before focusing specifically on challenges people face accessing the Internet. Current access will be outlined along with the societal, support and attitudinal factors that can hinder access. Discussion of carer views of Internet use by people with intellectual disabilities will be covered incorporating consideration of the tension between protection, self-determination and lifestyle issues and gaining Internet access. We will address how impairment related factors may impede access and subsequently discuss how supports may be used to obfuscate impairments and facilitate access. We will move on from this to critically describe some of the potential benefits the Internet could provide to people with intellectual disabilities, including the potential for self-expression, advocacy and developing friendships. Finally, strategies to better include people with intellectual disabilities online will be given along with future research suggestions.
Introduction
Information and communication technologies (ICT) have become a crucial aspect of community living and participation. Developments in ICT, with the Internet at the forefront, are profoundly OPEN ACCESS changing the knowledge, service, employment and social interactional opportunities available to people with disabilities . In this review we will explore the inequalities and empirical evidence base surrounding the use of the Internet by people with intellectual disabilities (ID).
The commonly used diagnostic criteria for ID, incorporates cognitive, behavioural and developmental components. According to the ICD-10 and DSM-IV for a classification of intellectual disabilities to be given a person firstly must have lower than average intelligence, identified by an IQ score lower than 70. Levels of cognitive impairment have been related to different ID labels: Profound IQ < 20; Severe IQ 20-34; Moderate IQ 35-49; Mild IQ 50-69; and Borderline intellectual functioning . This should also be coupled with limitations in adaptive functioning in at least two areas (i.e., communication, self care, domestic skills, social skills, self-direction, community, academic skills, work, leisure, health and safety), and an onset prior to age 18 .
People with ID represent a significant subgroup within the population, most of whom require support of some kind. People with ID are extremely heterogeneous, with complex aetiologies, presentations and often comorbidity. For example, physical (20-30%) and sensory impairments (10-33%) often exist alongside their primary cognitive, functioning and developmental impairments [6, 7] .
Though the definition of ID remains deficit-focused, it has been tempered over the past decade with acknowledgement that ID is a socially constructed term, historically and culturally bound, which is used to label a particular group of people within society . Alongside this there has been a move towards acceptance, tolerance, inclusion and human rights, with significant efforts, occurring in more developed countries, since the 1980s to remove the societal barriers people with ID face . More recent thinking around disability indicates that the identification of deficits should be integral to the identification of necessary support people require to overcome these challenges and that people's strengths should also be highlighted . In tandem with this growing acceptance of disability, has been a growing societal expectation of ability amongst its members . The world is rapidly changing and becoming an increasingly complex place, requiring greater skills to negotiate it effectively.
Societal Inequalities Faced By People With Id
Diagnosis with the label intellectual disability can result in life-long labeling, stigma and societal discrimination and restriction of human rights . The label of ID is so visible and strong that it often is the primary identity a person has, overriding consideration of other social identities, for example, gender, sexuality and ethnicity [14, 15] .
Despite their heterogeneity, there remain some common negative consequences of having this identity, centering around societal disadvantage, inequality and prejudice which lead to social exclusion, increased vulnerability and reduced life opportunities. People with ID are socio-economically poorer and more likely to be living on limited or subsidized incomes and in more deprived socio-economic circumstances than the general population [16, 17] . They are also more likely to be unemployed, have fewer employment and educational opportunities [3, 17] , are more likely to be the victims of crime, abuse and bullying , experience fewer and less satisfying social relationships and have limited social and community integration opportunities [17, 22] .
Cross culturally, public awareness, understanding and concern for those with ID, appears limited. Misconceptions about the capabilities of people exist alongside aetiological attribution blaming of the individual with ID or supernatural forces . Thus, despite the push for inclusion and acceptance, research has revealed that, though improving, attitudes held by the general non-disabled population can still be negative . Also, illustrative of the stigmatisation of this group is the quickly changing nomenclature used, often because prior labels have evolved into terms of derision. Sinason (1992) argues that this may be symptomatic of a defensive need within society to ignore the damaging and painful impact such derision could have on people's lives. Though people may not understand the stigma laden terms used to label them [26, 27] , experientially and affectively they may understand the label of ID and the stigma and emotional pain attached to this identity [26, 28, 29] . Here we have chosen to use the term 'people with intellectual disabilities' as this is the dominant terminology currently used within the UK (e.g., [4, 10, 12, 23] ). In this review we gathered existing literature to address the following questions: (i) To what extent do people with ID access the online world; (ii) What factors impede and facilitate Internet access; (iii) What are potential benefits to people with ID of being online; and (iv) What can reduce inequalities and facilitate Internet access for those with ID?
Methodology
For this literature review a search in the Web of Knowledge and PsycINFO databases was conducted in October 2012 (Search dates ranged between 1987 until 2012). All English language papers containing the terms "Intellectual disability" or "learning disability" and "Internet" or "Online" or "Web" in the title or abstract were identified (Note: the search engines also identified and included related terms in the searches). The titles of these studies (N = 697) were then inspected to ascertain whether they were likely to contain information, which could aid in answering the questions developed for this review. The authors subsequently identified and reviewed 43 English language studies focussing on Internet by people with ID for information regarding questions (i) to (iv). Additional resources were found by looking through the reference sections of these papers and through prior knowledge and personal communications with colleagues working in related fields. Contextually and due to the literature gathered, this paper is written from a UK perspective, but also incorporates research from North America, Asia, Australasia and other parts of Europe.
Internet Access For People With Id
ICT can be viewed as a survival tool in society. Ever increasing numbers of people are going online to conduct many of their everyday activities, including education, business and banking, information searching, seeking of employment, civic engagement, maintaining friendships and seeking life partners . Thus, being digitally connected is increasingly fundamental to economic and education advancement and community participation . No longer is access to the Internet considered a luxury, instead it is an integral and important life survival tool which can make life more enjoyable and empower individuals . Although many of us may take for granted the perks associated with Internet access, for certain groups of people the Internet has the potential to help them to better integrate into society and experience many of the benefits of full citizenship. For individuals with ID for example, the Internet promises to decrease or remove many of the barriers which may preclude them from participating in many daily activities [31, 32] . However, although people with ID potentially stand to gain the most from this technology, they are traditionally the group within society least likely to gain access to and receive the full benefits from the Internet. This clearly mirrors the inequalities people with ID face in other spheres within their lives.
Although it is evident that a "digital divide" exists between societies and within society, it is difficult to know for sure exactly how many people with ID are actually accessing the Internet, and of those who do gain access, what they find particularly beneficial or useful. The majority of large scale studies on web accessibility have focused on disability generally. For example Fox (2011) noted a "disability divide" in Internet access in the United States, with 81% of the non-disabled population gaining access compared to only 54% of disabled individuals. A recent US report revealed a considerable disparity between households headed by someone with a disability and those headed by someone with no disability in computer ownership (53% vs. 79%), Internet use (48% vs. 76%) and broadband adoption (46% vs. 73%) . An even greater disparity was revealed in a 2007 British survey, with 77% of the non-disabled population using the Internet compared to 36% of disabled individuals . A more recent UK report suggested people without disabilities are three times more likely to have never accessed the internet compared to people without disabilities . The report also indicated that 3.89 million people with disabilities (33%) had never accessed the Internet . Finally, a recent smaller study of 122 disabled individuals in China, confirmed the digital divide that exists, with only a minority of people with disabilities having Internet access . As these surveys have failed to discriminate between physical and intellectual disabilities, it is difficult to ascertain how specific types of impairment may influence use and access to the Internet [38, 39] . Moreover, such studies sometimes fail to draw a distinction between opportunity of access and actual use of the Internet. In this sense, two distinct questions should be posed: are opportunities for access available to individuals with ID (i.e., do they have access to a computer that is enabled for use online), and if they are, do they actually take advantage of these opportunities, either autonomously or with support? .
Of the few studies that have addressed Internet accessibility specifically in the ID community, most have found that people with intellectual and developmental disabilities are much less likely to have access to and use the Internet than their non-disabled peers. In a small scale survey of 83 adults with intellectual disabilities in the United States for example, Carey et al. (2005) noted that a mere 41% had access to a computer and only 25% had access to the Internet. In the same year, approximately 68% of the total population of America had access to the Internet , illustrating an apparent disability divide in Internet access. A larger scale study of 156 adults with ID in Spain revealed that 53% did not access the Internet at all . As a way of comparison, only 37% of the total Spanish population did not access the Internet in 2010 . Moreover, only 6.4% of those with ID reported using the Internet from places outside of their home and of those who did access the Internet, over half (56.4%) reported that they did not use the Internet regularly .
Studies requesting access information from carers have also been conducted. One exception to the general consensus is a study that looked at Internet use amongst children and young people with Down syndrome based in the USA by surveying 561 of their carers . In this survey the vast majority of younger people were found to use the Internet for either learning or entertainment. In Palmer, Wehmeyer, Davies and Stock's (2012) survey of 1617 family members of people with ID in the United States, whilst 43% of people with ID who had access to a computer used this to access the Internet, half of the respondents indicated that their family member did not have access to a computer in the first place, despite feeling that it would be of benefit to them. Studies also suggest that even if Internet access is available it may not be used. For instance, Gutiérrez and Martorell (2011) found that although 50% of people with ID had an Internet connection in their family home, 25% of these individuals never used the Internet at all.
Currently, it appears that although there are problems in disaggregating people with ID within the literature, the general population have greater access to the Internet than people with disabilities generally, there is also some anecdotal suggestions that perhaps people with other types of disability have greater access than those with ID. However, more information is still required about the prevalence and nature of Internet use by specifically people with ID. In particular it is important that future studies report more clearly the nature of the impairments of respondents, as noted people with ID are a heterogeneous group and so Internet access and influences on access are likely to differ amongst them. Furthermore comparisons of Internet access across disabled groups with different types of impairments should be made. Such studies would help to illuminate specific supports required by different groups and illuminate why, though the Internet is available, it is not always used. Empirical evidence that people with ID are discriminated against in terms of Internet use is also lacking. In the subsequent sections we will consider factors that can impede or enhance online access for those with ID.
Barriers To Internet Access For People With Intellectual Disabilities
It appears that the majority of people with ID are not accessing the Internet to the same degree as others and that not all of those with ID that have access to a computer and Internet access actually use it. We now turn to the barriers and challenges that have been implicated in the reduced access that people with ID experience.
Financial And Economic Barriers
Due to its role as a means of information gathering and sharing, use of ICT corresponds to having increased power and control within society. The digital divide draws attention to how disempowered groups with limited economic resources have reduced access to ICT. Empirical evidence from self-report studies confirms that economic factors play a role in Internet access. For people with ID, who are typically more economically disadvantaged, cost is a commonly mentioned barrier to computer, and in turn, Internet access . This can reflect an inability to finance purchase of a computer and hence gain access within the family home or within a residential unit or day care centre . Thus access to ICT becomes an issue of social justice, with these two factors (economic disadvantage and barriers to information access) interacting to exacerbate oppression.
Societal Attitudes And Exclusion
However, barriers to access are not always necessarily a consequence of financial constraints (i.e., insufficient funds to purchase a computer and pay for Internet access). With regard to social attitudes, the accessibility requirements of people with ID have often been disregarded or misunderstood. One reason for this, as noted earlier, is the invisibility of this group to the general population . Wehmeyer et al. (2004) argue that computers are 'cognitively inaccessible' for many individuals with ID and that this may be due to this group of people having rarely been included in decisions relating to computer design. Indeed, Goggin and Newell (2003) claim that people with disabilities are rarely found in positions of power in organisations that make decisions on Internet policy and for this reason the digital divide will continue to expand. In Palmer et al.'s study (2012) 13% of respondents identified device complexity as a barrier to Internet use. In order to ensure that people with ID can make use of the Internet further development of universal design principles are imperative.
Policy And Governmental Support
Despite the existence of numerous legislative imperatives and societal obligations to promote inclusion and full citizenship of people with ID (e.g., UNCRDP, 2006 , Equality Act, 2010 ), these do not appear to have manifested in real attitudinal change or in action based work to promote access to ICT, including the Internet, for people with ID. Universal design incorporates "the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design" and is not apparent in the vast majority of websites that have been studied [56, 57] . There seems to be a lack of strategy around how to include people with ID further, and although legal penalties have been noted as a route to promoting compliance, implementation of such penalties is lacking .
Support, Educational And Training Barriers
Support is essential for most people with ID to engage with Internet . Training and ongoing support for Internet use is typically provided by family carers and direct support staff . Undoubtedly a lack of suitable support and training can limit people with IDs' ability to use a computer [40, 59] and Internet access for people with severe ID can be a challenge and for some viewed as unsuitable [32, 60] . However support may be inadequate or absent in some instances and the expertise of family carers in Internet use may interact with support requirements, beliefs and expectations to thwart access by people with ID.
For the families who are providing support, having adequate time and expertise may present barriers to accessing the Internet. In a study of 788 family carers it was found that although many family carers did access the Internet, a significant proportion did not . Balancing other commitments with those of supporting the people they support to get online may also be challenging for family carers and paid staff [50, 61] . Moreover, a lack of skills and technical expertise has been highlighted by family carers as issues in their own Internet use . Similarly, for paid supporters, facilitating Internet access will require adequate staffing levels and skills which are not always available or present. The majority (84%) of respondents in Palmer et al.'s (2012) survey identified training as a barrier to use. Moreover, in their survey based study suggest that family carers need additional education regarding the technology options available to them and in how to use technology related supports to enable people with cognitive disabilities to access them. Thus the resources and skills of carers require further investigation and intervention.
With regard to education of people with ID to access the Internet, few studies that have mentioned this or report on interventions to improve the skills of people with ID to utilize ITC. Those that have been conducted suggest that mentoring and training programmes can be beneficial in promoting access, which will be discussed later. Guo et al. (2012) found that disabled people with higher levels of education are more likely to have access to the Internet. Though this finding may be confounded with level of cognitive impairment, and type of impairment was not distinguished in the study, this does suggest that education and knowledge of the Internet may a fundamental factor in promoting or hindering Internet access for those with disabilities. Education is likely to interact with age, with more educational and online opportunities being made available to younger people with ID than older people with ID .
In addition to caring responsibilities, education, training and expertise, carer attitudes and organisational culture have also been found to be important influences on Internet access. As noted earlier, Gutiérrez and Martorell (2011) found that only 25% of people they surveyed with ID who had access to the Internet used it and suggest that this is because Internet access is blocked by parents and caregivers who foresee more problems than benefits in facilitating access. Seale (2007) highlights how protection and fears about online safety may impede online access and engagement.
Löfgren-Mårtenson's (2008) qualitative study exposed a discrepancy between the views of the young people interviewed and those of the staff members regarding the advantages and disadvantages of the Internet. For the young people, not surprisingly, a positive view was generally taken to the Internet in contrast to the mostly pessimistic view of the staff who, for the most part, saw the Internet as being unsuitable for people with ID due to the risks involved. Their views on risks seemed to be based on how the Internet is presented in the media, and on preconceptions about people with intellectual disabilities who were considered to belong to a vulnerable and exposed group. Younger staff members had a more positive view of Internet use by people with ID, seeing it as advantageous. Parsons et al. (2008) argue that the extent to which service providers hinder or facilitate Internet access for people with ID is due to organizational culture and the attitudes of staff concerning the use of ICT, including Internet access. Family and paid carers may believe that: (i) the Internet is beyond the skills of people with ID and hence is inappropriate for them to use; (ii) the Internet is itself creating a barrier to social inclusion and interpersonal interaction; (iii) ICTs are purely educational and literacy based tools that are inappropriate for the people they support with ID to use; and (iv) ICT is inappropriate for older people with ID and those with more significant cognitive impairments. Such attitudes may be especially prevalent amongst older carers who are themselves less likely to access the Internet . Therefore they will not provide necessary supports for people with ID to access the Internet. However, despite some residential and day centres being supportive of computer use for people with ID, their communication via this means rarely involved people outside of these facilities and instead support focused primarily on tasks localised within the support setting . Thus this represented an ongoing barrier to full integration into the mainstream digital world.
The limited empirical evidence that exists demonstrates a need to look beyond simply providing ICT equipment, to the contextual factors that impact on training and support, including the views, experience and skills of support staff and family carers. Further research work and organisational commitments to facilitating carer expertise, belief and investment in the Internet are needed.
Individual Impairment Associated Challenges In Accessing The Internet
At an individual level, there are a number of cognitive, physical and sensory impairments associated with intellectual and developmental disabilities that will make accessing and using the Internet more challenging. Barriers to Internet access and use may reflect a interaction between the literacy, language and processing demands of using the Internet with impairments in language and communication ability and auditory reception, reasoning, idea production and cognitive speed, memory and learning skills, visual perception abilities and knowledge and achievement abilities .
As the primary input mode for the majority of Internet based communications (e.g., e-mail, instant messenger) involves typing, impairments in language and communication ability may prevent individuals with ID from getting their thoughts across in a way that is easily understandable to others [52, 67] . As the majority of communications in the online world rely on text input, this also means that many of the nonverbal communication cues that may be used to infer meaning in a message (particularly relating to emotions and interpersonal attitudes) will be missing or seriously attenuated, adding an additional layer of difficultly for co-communicators . Moreover, as the majority of the information contained on the web is also text-based, accessing and using this information could pose problems for those individuals with impairments that affect literacy and reading comprehension. Wehmeyer et al. (2004) also consider how much of the terminology that is used in the world of computers and the Internet may be confusing to individuals with ID. For example, terms that have multiple meanings (e.g., menu, files, folders and window) may present problems to individuals with an ID, who can find abstract concepts more difficult to comprehend than concrete ones . Using the Internet requires a level of sequential reasoning. For example, navigating the Internet is complex and interactive and the user must understand that specific actions are required in order to lead to desired responses. There must, for instance, be an understanding that all the information that one requires will not necessarily be contained within one specific webpage and that a number of steps may be required to access what one needs. Websites that require individuals to memorize long sequences of commands to get to where they want to go may put people with ID at a distinct disadvantage. Certain elements of website interface may interfere with the user's ability to reason abstractly. For example, cognitive impairments may impede one's ability to comprehend that a computer cursor arrow transforms into a hand icon when passed over a hyperlink or to differentiate successfully between the actions performed by a single click, right click or double click of the mouse . Impairments in cognitive speed may specifically come to the fore if web connectivity is slow as this will mean that making a connection between the actions performed by the individual (e.g., clicking the mouse button) and the subsequent computer response may be difficult to achieve. Individuals with ID may also be hindered by an inability to recognize when one is required to wait for a webpage to catch up, which may result in errors in the form of multiple clicks because the individual cannot understand that the initial click of the mouse was sufficient [52, 67] .
In terms of visual perception abilities, intricate displays with numerous screen elements, windows and buttons may pose problems to those who find attending to relevant environmental cues a difficult task to accomplish . Websites are rarely designed to meet the needs of individuals with intellectual and developmental disabilities , and simple interfaces may be necessary for many individuals with ID to navigate them successfully . Another issue relates to the current dominant mode of interfacing with the Internet (i.e., by making use of point and click devices, e.g., the mouse). Users need to make an association between the movement of the mouse and the corresponding movement of the arrow on the screen. Therefore, correlating hand movements with arrow cursor movements on screen is an essential component of Internet interface, and impairments in motor skills and visual perception abilities may make this task complex .
It would seem then that computers and websites are not set up in a way that would make using them straightforward for people with ID and therefore a lack of experience and necessary skills to access and utilise computers and the Internet may be one major barrier to access. Bunning et al. (2009) found that some people with ID expressed difficulties using ICT related to operational aspects of the technology. The severity of cognitive impairment is also likely to be a key consideration. Individuals with mild-moderate cognitive impairments have been reported to be more frequent Internet users [42, 65] . However, individuals with severe and profound disabilities tend to be overlooked when it comes to Internet access with the assumption being that these individuals are not capable of utilising the Internet. For these people physical access difficulties, visual impairments and cognitive limitations restrict what may be gained from the Internet. Moreover, though the Internet may be utilised towards the advancement of people with profound intellectual and multiple disabilities, those who do not operate at a symbolic level of communication and understanding are less likely to be able to engage meaningfully with the Internet even with support [60, 70] .
To summarise, there would appear to be a number of barriers which not only prevent individuals with ID from gaining access to the Internet in the first instance, but also in making using the Internet a more onerous task when access can be achieved. Financial and economic barriers appear to be the most commonly cited reason for not being able to access the Internet [32, and although free access in public libraries may go some way towards addressing this, this will be of little use to those individuals whose impairments, coupled with insufficient support, means that leaving the house is problematic. Government initiatives to address the digital divide (e.g., ) may be necessary to ensure that this often economically under-privileged group are able to get online and receive the full benefits of digital inclusion. Although a number of positive, exciting projects have started to address how specific impairments which affect internet use and access may be compensated for (some of these are outlined in section 7 of this paper), few initiatives have sought to address the negative attitudes that are held by many support workers and carers regarding the Internet . The fact that many support workers perceive the Internet as a dangerous environment or one which may not be suitable for people with ID may suggest the need to educate or raise awareness amongst carers about the potential benefits of being online for the people with ID. What is also clear is that further research should focus on the manner in which specific impairments impact upon access and use of the Internet [32, 52, 69] . To date, most research in this area has considered the ID community as a very homogeneous group and certainly one would expect that the type and severity of one's impairment will be crucial in determining the specific types of support, intervention and training that are necessary to help someone get online and use the Internet safely and effectively.
Potential Benefits Of Internet Use For People With Intellectual Disabilities
The compensation model has been utilized to explore the impact of the Internet on marginalized populations including those with disabilities . Under this model those who are socially inactive or dissatisfied with their existing real world social interactions tend to use the Internet more frequently, subsequently benefitting more from their Internet use . However, the Social Model of Disability may have greater explanatory power by highlighting the environmental barriers to Internet access and how the power of the Internet lies in its potential to alleviate attitudinal, geographical and physical barriers to social exchange. Nonetheless it is also important not to overlook individual voices and needs and the role of impairment in Internet use, which the social model has been accused of doing . Some research in this area has included the voices of people with ID about the benefits they have experienced. Access to the Internet can provide a wealth of opportunity for people with ID, opening up avenues for self-determination, learning, entertainment, self-expression and socialisation . In terms of self-expression, the Internet affords an opportunity for people with disabilities, including ID, to present themselves outside of their disability, having the option to disclose, or not, their disabled identity at will [38, 65, 74, 75] .
Online Social Relationships
Research evidence has considered the challenges people with ID face developing meaningful friendships and relationships [17, 21, 22] . The difficulties that people with ID experience in terms of communication can get in the way of developing friendships, and people with ID may experience feelings of loneliness . Being able to communicate with a wider audience means that engaging with social media may have the potential to reduce feelings of loneliness for people with ID . Guo et al. (2005) found that for the minority of disabled people with access to the Internet, this significantly improved frequency and quality of social interaction and they suggest that the Internet significantly reduced existing social barriers in the physical and social environment for disabled people.
Löfgren-Mårtenson (2008) sees the Internet as providing possibilities of a private life for people with ID, a life away from the control of their carers. The individuals in her qualitative study of Internet usage by young people with mild ID in Sweden reported that the Internet allowed them freedom, being able to decide which websites to visit and who to communicate with. Their primary usage of the Internet was found to be for social and romantic purposes. The perceived vulnerability of people with ID has led to the creation of safer social networking environments for people with ID . However, reporting on the social networking experiences of people with ID, Holmes and O'Laughlin (2012) found that respondents did not necessarily want to use such restricted social networking sites, preferring to have access to social networking sites that allowed for interactions with a wider audience, an audience not restricted to those with ID.
Burke, Kraut and Williams (2010) found that 16 high-functioning adults with autism when observed and interviewed sought greater social connectedness and utilized communities with shared interests and fostered successful, supportive relationships. However, despite these positive findings they also found that, amongst the participants, computer mediated communication intensified difficulties around trust, disclosure, inflexible thinking and perspective taking, which in turn impeded maintaining online relationships. Clearly more work is needed to identify the facilitators and challenges to engaging in and maintaining meaningful online relationships for people with ID, which also considers the heterogeneity of this group of people.
Expressed Identity And Reducing Stigma
Having support to go online may help people with ID to cope with the negative stereotypes, attitudinal biases, and social and physical exclusion that are viewed as potential risks and can impede access. Shpiglman et al. (2008) conducted a small scale qualitative pilot evaluation of a 3-month e-mentoring programme for young people with special needs, including mild to moderate ID. In the programme mentors acted as a friend and advisor, providing instrumental and psychological support and encouragement to five teenage pupils with special needs. This mentoring was mainly online rather than face-to-face, and the students with special needs commented that they would have liked more face-to-face support. Nevertheless the online medium rendered their disabilities invisible and made them feel like 'typical teenagers'. The students had developed their interpersonal skills and teachers reported on potential generalization of social skills, with those mentored developing more meaningful relationships with classmates, being more sensitive and considerate towards special needs and appearing to have increased positive self image and self-esteem.
Other studies have also commented on the potential of the Internet for allowing people with ID to reduce the stigma they experience by being visually anonymous . In terms of social relationship development this may impact greatly as physical appearance can have a substantial impact upon first impressions and subsequent relationship formation . However, it has been argued that the Internet may not be the emancipatory landscape for disabled people as has been claimed and Bowker and Tuffin (2003) state that hiding ID is likely to do little to reduce the stigma or increase the acceptance of people with ID within society.
Self-Determination And Advocacy
With regard to increased life opportunities for people with ID, the Internet has also been found to be successful in reducing physical barriers to education and learning with respondents reporting receiving long-distance education via the Internet . Moreover, online activities, for instance home page authorship, have been seen as providing an opportunity for people with ID (specifically in these cases DS) to counter the oppression they face in their lives, allowing them to challenge perceptions of their competencies and also the labels they have placed upon them by society [64, 83] . However, Seale (2007) observes that this capacity to stand up against oppression via the Internet is controlled by those who act as gatekeepers to the individual's access to the Internet, with caregivers shutting websites down for fear of exposing the individual with ID to prejudice they may face as a result of their public challenges to oppression. Controlling the hosting and authorship of said homepages goes some way to protect against this, but raises questions regarding the extent to which these homepages are actually empowering for the individual with ID. Indeed, Seale (2007) states that the online safety of individuals with ID is so closely guarded that this may limit the capacity for self-advocacy. Seale (2007) raises the question of whether homepage authorship by people with ID is interdependent with or dependent on the parent supporting the authorship.
The potential of the Internet has yet to be fully realized; however the possibilities for increased social contact, reducing stigma and identity development, and increasing life opportunities to practice self determination and self-advocacy are evident. Nevertheless, most studies that have been conducted in this area have tended to focus on those with physical disabilities, thus less is known about those with ID. The lack of research around these potential benefits is likely to be a direct result of the limitations and inequalities in access that people with ID experience. Moreover, the anticipated benefits are not without challenges with points of contention and risk inherent within them that warrant further empirical exploration.
Reducing Inequalities
The benefits of the Internet are apparent and challenges and barriers to this access have been identified in the literature. Early guidelines for making the Web more accessible to people with disabilities concentrated primarily on people with physical disabilities. Only more recently has there been some acknowledgement that intellectual impairments often go hand-in-hand with physical disability (for example acquired brain injury) and that people with ID have been generally overlooked in terms of Internet access. Overcoming access barriers requires action on a number of fronts, with empirical evidence suggesting possible routes to reduce inequality in Internet access via support solutions to address impairments, educate and train people to facilitate access and modify attitudes that may serve to impede access.
Supporting Impairments
A number of potential solutions have been put forward to address cognitive, physical and sensory impairments and to help individuals with ID to adapt to the Internet so that it is more accessible. Establishing whether individuals with ID are capable of interacting with Internet interfaces is no mean feat. As noted, Wong et al., (2009) even go as far as to suggest that many individuals with more severe or profound intellectual disabilities may not be suited to computer use at all. The potential benefits of using the Internet therefore need to be weighed up against the level of difficulty associated with going online as well as the support requirements and level of adaptation that would be necessary to allow an individual to use the Internet in a meaningful way. Wong et al. (2009) suggest that training should be tailored to meet the individual support requirements and primary functioning impairments of the individual. Understanding the specific impairments of the individual is essential to understand which areas of support and adaption are required. Support would seem to be an essential element in the successful interface between the individual and the technology. Indeed, Reimer-Reiss and Whacker (2000) acknowledge that the assistance of support workers is a key ingredient in ensuring that users continue to use technology and regard it as effective. Furthermore, it has been suggested that given the appropriate support and structure, the majority of adults with mild to moderate ID can use the Internet in its current form without the need for specialized adaptation .
Although suitable for the general population, a simpler Internet interface is likely to be necessary for many people with ID, and indeed this would seem to be a common concern for parents, caregivers and teachers alike . As Dawe (2006) notes, individuals with ID are not as likely to use the Internet a second time if their initial experience was unenjoyable or fraught with difficulty. Addressing issues of adapting the Internet to meet the needs of the ID community, Universal design principles are a fundamental concern. Universal design is critical in allowing people with ID to gain substantial benefits associated with being online. There are a number of principles associated with Universal design and these all affect user interface with the webpage. For example, websites should be flexible, simple and intuitive, contain perceptible information, include tolerance for error and require low physical effort . Wehmeyer et al. (2004) discuss how many of these principles may be particularly relevant when considering the limitations of people with ID in their use of technology. For instance, websites that are more flexible should accommodate a wider array of user preferences and abilities, for example by providing multiple input and output options (e.g., auditory, visual, icon). Intuitive and simple interfaces should used, for example websites should have a limited number of options so as not to overwhelm the user. Moreover, there should be a single intuitive means of achieving a desired goal rather than many ways of accomplishing the same task (e.g., one link to a page, rather than multiple links) . Unfortunately, at present few websites actually conform to the principles of universal design and web designers have limited understanding of how websites can be made more accessible to all .
A number of more innovative solutions to Internet inaccessibility have also been proposed. For example, Wehmeyer et al. (2004) note that touch screen interfaces (e.g., tablets) may be better alternatives to point and click options because it would be easier for the individual to see a cause and effect relationship between action (i.e., pressing the screen) and reaction (i.e., taking the individual to the desired web page). Addressing impairments in language and communication ability, Keskinen, Heimonen, Turunen, Rajaniemi and Kauppinen, (2012) report on the efficacy of a picture based instant messenger service called SymbolChat. The fully customizable software is based on touch-screen input and speech output. The prototype application was evaluated by nine adult users with varying degrees of ID and their support workers. Findings suggest that users can express themselves in spontaneous communication even without prior training in the use of symbols. This suggests that although much of the web may be off limits or will require a high level of adaptation or support to use, specialized software can be designed to effectively meet the needs of the ID community. The World Wide Web Consortium (W3C) represents a promising initiative, underpinned by policies such as the UNCRDP, and has been working extensively around providing more evidence and guidance around how to include people with disabilities in the online world . The consortium, when updating standards (the Web Content Accessibility Guidelines ) to include those with cognitive impairments, did encounter challenges in defining and considering this group due to the range of conditions contained within it and the diversity of support needed. Nevertheless they have developed a number of strategies web designers can employ to support online access for this group, broadly including:
"Text alternatives for non-text content; Captions and other alternatives for multimedia; Content can be presented in different ways; Content is easier to see and hear; Users have enough time to read and use the content; Content does not cause seizures; Users can easily navigate, find content, and determine where they are; Content is readable and understandable; Content appears and operates in predictable ways; Users are helped to avoid and correct mistakes; Content is compatible with current and future user tools." However, empirical testing of the utility of such strategies, though anecdotally supported, is by and large absent for those with ID.
Support Strategies
From the preceding discussion it appears that the nature of computers and websites do not currently facilitate access for people with ID , but despite this, support can enable online access. At the most basic level, instruction in simple computer skills (e.g., how to use a mouse or navigate a webpage) can facilitate Internet usage for people with ID [32, 39, 90] . Identifying online needs is also important. Accessing the Internet can be a frustrating exercise for people with ID when they have difficulty in locating websites of interest or the information that they require. Maintaining motivation is important; guided Internet sessions have been found to be helpful here with supporters identifying the information individuals require and structuring the session accordingly [67, 91] .
Examples of empirical work to develop online skills and opportunities are also evident in the literature. Li-Tsang et al. (2004) have demonstrated the effectiveness of a training programme in the use of ICT for people with ID. Their findings indicate that people with ID have the ability to learn basic ICT skills if they are placed in a structured environment with appropriate training tools and assistance. Individuals who took part in the specialised training program made significant improvements in their ICT skills (e.g., mouse and keyboard use) comparative to a control group. Mentoring people to promote Internet access also has empirical support for its potential in increasing online skills and confidence. Shpiglman et al. 's (2008) evaluation of an e-mentoring programme for young people with special needs, found that the students who had been mentored, in addition to other social benefits, reported learning a great deal about how to use the Internet. Assisting with the authorship of online content is another area in which carer support can facilitate Internet access. Seale (2007) found that the Home pages of people with Down Syndrome in her study were frequently published as part of a family site, appearing alongside those of their parents or siblings. Family support came in the guise of home page authorship itself, with some of the pages appearing to have been written by, or at least co-authored, by the family member of the individual with ID on behalf of the individual.
Thus evidence suggests that even though accessing the Internet is difficult for people with ID it is not impossible and with the appropriate support and guidance adjustments can be made to facilitate access and obfuscate impairments . However, it is important that those providing training and support are appropriate to the task and that family and paid supporters are given adequate time, training and resources to support appropriately. Unfortunately evidence suggests that caregiving responsibilities and inadequate staffing and staff training may be the norm [50, 63] . Paid staff would likely benefit from protected time in which they can carry out developmental ICT related activities with those they support with additional orientation towards using the Internet to access the wider online world. Moreover, there remains a general lack of information about which supports improve the use of ICT by adults with ID in post education support environments where developmental opportunities are likely to diminish [50, 63] .
Addressing Attitudes
Finally, little is likely to change in terms of Internet and ICT access for people with ID until attitudinal barriers are tackled. At a societal level fear may underpin much of the manifest negative attitudes towards people with ID, which result in this group being overlooked and seldom considered in relation to societal developments such as those seen in ICT. It is unlikely that this situation will change without advocates and self-advocates from the ID community coming forward to raise awareness and maintain political pressure for real change in how the online world is developed and who it is viewed to be for. Tangible ramifications for national transgressions of the obligation for websites to be inclusive and embrace universal design principles may also be required. To facilitate a move towards universal design, an attitudinal shift is required among those in positions of power, so that they begin to demonstrate a commitment to accessibility on the web and to understanding the needs of ID audiences . Public information and communication campaigns and socio-political action may be fundamental routes by which this can be achieved, whereby the attitudes of those in positions of influence may be changed which may subsequently lead to inequities being redressed.
Considering more localized attitudes which operate at the level of individualized support, Parsons et al. (2008) found that progressive, person-centred approaches to the day centre provision were actively supportive of the use of ICT, including Internet access, with people with ID, moreso than less person-centred, more traditional services. In settings where the Internet was more often used by people with ID, the carers were more likely to view ICT as an important inclusion and communication facilitation tool that can be used with anyone. Organisational culture highlighting an understanding of the potential uses of ICT and training staff towards these uses is an important means to increase access and address negative attitudes. The lack of studies around attitudinal change within this area reveals that much more work is needed to investigate more fully the relationship between attitudes and Internet access facilitation, and ultimately how such access impacts on the lives, skills and social capital of younger and older people with ID.
Conclusions And Future Directions
Evidence presented here suggests that that people with ID are not accessing the Internet to the same degree as others within society. Advances in computer technology have largely bypassed individuals with ID, particularly adults with severe impairments. Their functional variations and impairments, the education, training and supports they receive, and wider political, economic and attitudinal climate can combine in complex and varied ways to marginalize people with ID from accessing the using ICT and, more specifically, the Internet. Statistics on Internet accessibility for people with ID remain limited, and it has been argued that there is a dearth of academic studies which address the disability divide specifically in individuals with ID . More needs to be done to consider what proportion of individuals with an ID actually can access the Internet as well as the barriers which may preclude access. Attitudinal barriers need much further consideration, with a view to altering negative attitudes.
Issues of safety, risk and protection online for people with ID have yet to be adequately investigated and these currently serve as reasons given for hindering people from gaining online access.
Despite claims that the Internet will bestow benefits, empirical verification of the actual social benefits and development opportunities provided by the Internet for people with ID is lacking. The voices of people with ID need to be included here (cf. ), along with well-designed evaluative and comparative research investigating the impact of Internet use on people's lives. Impact on the lifestyles of people with ID, could include investigations of social capital development, social and ICT skill development and opportunities afforded by Internet use. Moreover, our understanding of how to enable people with ID to participate more fully in the online aspects of our society remains limited. The evidence base that does exist points to simplified Universal design for the Internet, improved training and time for carers to facilitate access, building ICT into organisational cultures and addressing carer and societal attitudes to people with ID and to such people accessing the Internet. Existing theories, including the nested ecological model and Capability theory [95, 96] , could help guide empirical endeavors aimed at identifying contributing factors and poverty and disadvantage. Such theories may help to shed light on the impact of broader societal macro drivers in injustices, and on more micro interactional aspects of inequality and opportunity, including the individual's impairments, and how these interact with supports to affect the capability and subsequent agency in engaging with the online world. Thus the research possibilities, and the impact application of such research could have on the lives of people with ID appears manifold. Though potential impacts are unlikely to occur unless the research endeavour incorporates dissemination and implementation strategies and actions aimed specifically at producing change.
In sum, Internet use, which has become such an integral part of the daily lives of people around the world, is a further part of life that people with ID appear to be fundamentally excluded from. So for people with ID, the promise of the Internet is far from being fully realized and the advocacy and academic community, in collaboration with people with ID, are needed at the forefront of the struggle for full online inclusion. | https://scia11y.org/example-paper?id=10668490 |
Since 1978, the Chinese economy has been growing at breakneck speed. But this stunning growth performance has come at a high cost as the gap between rich and poor has widened dramatically, the environment has suffered immense damage, and corruption by Chinese Communist Party officials is rife. What’s more, this growth has not brought sufficient benefits to citizens, as it has been driven more by investment than consumption.
This is why under President HU Jintao’s leadership, China’s 12th Five Year Plan (2011-2015) is placing great emphasis on “inclusive growth”, the concept promoted by the Asian Development Bank (ADB).
According to the ADB, “Inclusive growth means growth with equal opportunities. Inclusive growth therefore focuses on both creating opportunities and making those opportunities accessible to all. Growth is inclusive when it allows all members of a society to participate in and contribute to the growth process on an equal basis regardless of their individual circumstances.”
Why is inclusive growth so important? First, it has an intrinsic value based on the belief that equal opportunity is a basic right. And then it also has an instrumental role coming from the recognition that equal access to opportunities increases growth potential. Inequality in opportunities leads to inefficient utilization of human and physical resources, lowers the quality of institutions and policies, erodes social cohesion, and increases social conflict.
What is the evidence on inclusive growth in emerging Asia? The primary evidence of growth not being inclusive is that income inequalities have grown enormously, especially in countries like Nepal, China, Cambodia, Sri Lanka, Bangladesh, Laos, India, Korea, Taiwan, Vietnam, the Philippines and so on. But it is not just income inequalities. There are also persistent and growth inequalities in access to social services like education and health.
The ADB is particularly concerned about these trends. Not only could such inequalities threaten development prospects, but they could also trigger social and political tensions, and even lead to armed conflict. It claims that the increases in the gaps between “the rich and the poor and very visible changes in the consumption patterns and lifestyles of the rich are leading to a perceptible increase in social and political tensions”.
So what are the ingredients of successful inclusive growth policies? First of all, there is the need to generate high and sustainable growth. But equally important is the need to promote social inclusion by:
(i) investing in education, health, and other social services to expand human capacities, especially of the disadvantaged:
(ii) promoting social and economic justice by ensuring that certain members of society are not excluded from participating, contributing, and
benefiting from the new economic opportunities because of their individual circumstances, or because they do not belong to certain power groups
who control political and economic decision making; and
(iii) providing social safety nets to mitigate the effects of external and transitory livelihood shocks created by ill health, financial crises, industrial
restructuring, and natural disasters.
In a brilliant speech in September last year entitled “Deepen Exchanges and Cooperation for Inclusive Growth”, Chinese President HU said:
“China is a strong supporter and follower of inclusive growth, a concept that is consistent with our pursuit of scientific development and social harmony …The ultimate purpose of inclusive growth is to spread the benefits of economic globalization and economic development among all countries, regions and people and to realize balanced economic and social progress through sustainable development …We should pursue social equity and justice…
To this end, we must ensure everyone equal access to development opportunities, steadily put in place a system for guaranteeing social equity with a focus on ensuring fairness in rights, opportunities, rules and distribution, and eradicate obstacles that keep our people from participating in economic development or sharing the fruits of economic development. We should put people first, ensure and improve people's livelihood, institute a social safety net that covers all, and address issues vital to people's livelihood, including education, labor and employment, health care, old-age support and housing. We should work hard to ensure that development is for the people and by the people and its fruits are shared among the people.”
The concept of inclusive growth is very much at the center of China’s 12th Five Year Plan (2011-2015) which was passed on 14 March 2011, and is an attempt to transform China’s economic and social development model. It seeks to: address rising inequality and create an environment for more sustainable growth by prioritizing more equitable wealth distribution, increased domestic consumption, and improved social infrastructure and social safety nets.
The Plan is representative of China's efforts to rebalance its economy, shifting emphasis from investment toward consumption and from urban and coastal growth toward rural and inland development. The Plan also continues to advocate objectives set out in the Eleventh Five-Year Plan to enhance environmental protection, accelerate the process of opening and reform, and emphasize Hong Kong's role as a center of international finance.
And just last week, Chinese President Hu Jintao again called for inclusive development at the Boao Forum for Asia. He said:
“As the trend toward multi-polarity and economic globalization deepens, the people of Asia have the major task of maintaining both development and stability … Asians belong to one family … the people of Asia have a shared mission to promote common development and build a harmonious Asia …Asian countries should respect diversity of civilization and promote good-neighborly relations … We need to translate the diversity of our region into a driving force for more dynamic exchanges and cooperation, increase mutual understanding and trust, and take our cooperation to higher levels … Asian countries need to transform their economic development pattern in keeping with global trends, restructure their economies, build capacity for scientific and technological innovation, and develop the green economy …
We need to focus on both the speed and quality of development, and ensure both efficiency and quality … We need to integrate our effort to develop the economy with that to improve people’ s well-being, and achieve coordinated economic and social development … Asian countries need also to share development opportunities and meet challenges together …Large countries should support small ones, rich countries should help poor ones and all should help each other so as to seize opportunities and tackle challenges together.”
Over 30 years ago, then Chinese leader DENG Xiaoping argued that for the Chinese Communist party to survive, it basically had to launch capitalist, free market policies. He sought to maintain the Communist Party oligarchy’s control over China’s politics while also seeking a better life for China’s people, and was guided by two principles: (i) be pragmatic (“what matters is not whether the cat is red or white, what matters is whether the cat catches mice), and (ii) be cautious (“cross the river by feeling for the stones at the bottom of the ford with your feet”)”
Deng also said “Let some people and some regions get rich first”. It seems clear that it now time to move on from Deng’s latter advice. For the Party to continue to survive and avoid a ‘jasmine revolution’, like those sweeping North Africa, it needs policies designed promoted inclusive growth and a harmonious society.
One day however, the Chinese Communist Party will not be able to avoid giving Chinese citizens some political freedom. The Communist Party has survived the past three decades by becoming capitalist. In the next phase of China’s development, it will have to become democratic. That will be a challenge!
References: | https://www.mrglobalization.com/globalisation-winners/311-china-and-inclusive-growth |
CFS Policy Convergence Products Database - CFS Policy Convergence Products Database
The Committee on World Food Security (CFS) is the foremost inclusive international and intergovernmental platform for all stakeholders to work together to ensure food security and nutrition for all. This database provides easy access to CFS products, such as voluntary guidelines, policy recommendations and principles.
CFS Products Legend
PR
Policy Recommendations
VGGT
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests
RAI
Principles for Responsible Investment in Agriculture and Food Systems
FFA
Framework for Action for Food Security and Nutrition in Protracted Crises
RtF
Voluntary Guidelines - Right to Food
665 Results for
ensure the provision of technical, financial and capacity building support, and also conducting and sharing of research results on social protection, including through enhanced South-South cooperation.
improve the design and use of social protection interventions to address vulnerability to chronic and acute food insecurity, considering:
provide predictable and reliable access to social protection to all those in need at any time of the year, and at particularly vulnerable stages of life; (recognizing) that chronically vulnerable individuals, unable to participate in the workforce, might need permanent assistance, recognizing that not everyone can graduate out of poverty and food insecurity
priority should be given to social protection that addresses the critical 'first 1,000 days' from pregnancy to 2 years old, including policies that promote and support breastfeeding, ensuring access to social services particularly health care, ensuring adequate knowledge of all relevant aspects of child care, and access to affordable and acceptable nutritious food products through the marketplace where possible, appropriate and sustainable;
consider flexible mechanisms to monitor and adjust design features and modalities as appropriate;
social protection systems should be designed in such a way that they can respond quickly to shocks such as droughts, floods and food price spikes.
social protection programmes for food security and nutrition should be guided by human rights norms and standards and should be complemented as appropriate by policies, guidelines, including legislation as appropriate, to support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, and social security, as well as gender equality and empowerment
consider provisions recommended by the International Labour Conference on the Social Protection Floors
ground social protection in national institutional frameworks and legislation, where appropriate, establishing targets, benchmarks, indicators and institutional responsibilities
consider the adoption of integrated and mutually-supportive social protection and food security and nutrition strategies and policies, based on human rights standards and principles, including non-discrimination and equality (including gender), meaningful participation, transparency and accountability
Ensure that public investment, services, and policies for agriculture give due priority to enabling, supporting and complementing smallholders' own investment with particular attention to women food producers who face specific difficulties and need specific policies and support;
Ensure that agricultural policies and public investment give priority to food production and nutrition and increase the resilience of local and traditional food systems and biodiversity, with a focus on strengthening sustainable smallholder food production, reducing post harvest losses, increasing post harvest value addition, and on fostering smallholder-inclusive local, national and regional food markets including transportation, storage and processing;
Ensure that public policies and investment play a catalytic role in the formation of partnerships among agricultural investors, including private public, farmer co-operative private and private-private partnerships, to ensure that the interests of smallholders are being served and preserved by those partnerships, and recognize that, in many cases, the State has a crucial role to play in facilitating access of smallholders to credit, technical and extension services, insurance, and markets;
Give due attention to new market and environmental risks facing smallholder agriculture, and design investment, services and policies so as to mitigate these risks and strengthen the ability of both women and men smallholders to manage them. Align investment in agriculture with environmental sustainability considerations;
Actively involve organizations representing smallholders and agricultural workers in the formulation, implementation and evaluation of policies for investment in agriculture, and in the design of investment programmes in agriculture and food value chains;
governments and other stakeholders to report to the Committee as determined in the framework of 'Mapping food security actions at country level', on actions being taken to align international and domestic private and public investment in agriculture with food security concerns, including progress made in the implementation of the recommendations above, and to share lessons learned from national experiences. This reporting should be prepared in the context of a multi-actor forum that replicates at country level the inclusive vision of the new CFS;
HLPE to include in its plans for future work, taking into account available resources, a comparative study of constraints to smallholder investment in agriculture in different contexts with policy options for addressing these constraints, taking into consideration the work done on this topic by IFAD, and by FAO in the context of COAG, and the work of other key partners. This should include a comparative assessment of strategies for linking smallholders to food value chains in national and regional markets and what can be learned from different experiences, as well as an assessment of the impacts on smallholders of public-private as well as farmer cooperative private and private-private partnerships;
Increase stable and sustainable public and private investment to strengthen smallholder production systems, boost agricultural productivity, foster rural development and increase resilience with particular attention to smallholder agriculture;
Promote a significant expansion of agricultural research and development, and its funding, including by strengthening the work of the reformed CGIAR, supporting national research systems, public universities and research institutions, and promoting technology transfer, sharing of knowledge and practices, including for family farming, and capacity building through North-South and South-South cooperation;
Support the development, or review, by Member Countries, of comprehensive national food security strategies which are country-owned and led, evidence-based and inclusive of all key partners at national level, in particular civil society, women's and farmers' organizations, and which establish policy coherence in respective sectors, including national economic policies, to address food price volatility;
Member Countries to explore measures and incentives to reduce waste and losses in the food system, including addressing post harvest losses;
Support the Agricultural Market Information System (AMIS) to enhance food market information and transparency, and urge the participating international organizations, private sector actors and governments to ensure the public dissemination of timely and quality food market information products;
Acknowledging the need for countries to better coordinate responses in times of food price crises, support the establishment of the AMIS Rapid Response Forum and request the CFS Bureau to ensure appropriate links between that Forum and CFS;
Improve transparency, regulation and supervision of agricultural derivative markets;
Noting that a transparent and predictable international trade in food is crucial for reducing excessive price volatility and maintaining focus on building an accountable and rules-based multilateral trading system taking into account food security concerns, in particular those of the Least Developed and Net Food Importing Developing Countries. In that context, support an ambitious, balanced and comprehensive conclusion of the Doha Development Round in accordance with its mandate;
Review biofuels policies - where applicable and if necessary - according to balanced science-based assessments of the opportunities and challenges they may present for food security so that biofuels can be produced where it is socially, economically and environmentally feasible to do so. In line with this, mandate the HLPE, with full consideration of resources and other CFS priorities, to conduct a science-based comparative literature analysis, taking into consideration the work produced by the FAO and Global Bioenergy Partnership (GBEP), of the positive and negative effects of biofuels on food security to be presented to CFS;
Request relevant international organizations, in consultation with all relevant stakeholders, to further assess the constraints and effectiveness of local, national and regional food reserves;
Increase the role of the state, where appropriate, to mitigate the negative impacts of volatility, including through the development of stable, long term national social protection strategies and safety nets, particularly addressing vulnerable categories of populations such as women and children, that can be leveraged and scaled-up in times of crisis. Reiterate, in this context, the mandate for a HLPE study on the matter, requesting its presentation to the 38th Session of CFS;
Recommend the use of national and local social safety nets and local purchase mechanisms, whenever appropriate, for the delivery of food aid, while taking time, market, production, institutional and other relevant factors into account, in accordance with the rules of the multilateral trading system;
Endorse efforts requested by the G20 for WFP and other international organizations and partners (such as the Economic Community of West African States - ECOWAS) and West African countries, to support the development of a pilot project in West Africa, for a targeted regional emergency humanitarian food reserve, consistent with Annex 2 of the WTO Agreement on Agriculture;
Request that the international organizations, in consultation with other relevant stakeholders, develop a framework for a draft voluntary code of conduct for emergency humanitarian food reserves management, for further consideration by CFS;
Develop risk management instruments, including for mitigating the impact of price shocks, and recommend their mainstreaming into national food security strategies focused on mitigating risk for the most vulnerable against food price volatility. Attention should also be given to the inclusion of best practices and lessons learned for vulnerable small-scale food producers;
Ensure women's meaningful participation in all decision-making processes related to achieving women's progressive realization of the right to food in the context of national food security, and nutrition;
Ensure that women have equal access to health, education, land, water and other natural resources, including by enacting gender-sensitive legislation.
Member States to actively promote women's leadership and to strengthen women's capacity for collective organizing, especially in the rural sector.
The Committee urged Member States to develop a policy and legal framework with appropriate compliance-monitoring to ensure women's and men's equal access to productive resources including land ownership and inheritance, access to financial services, agricultural technology and information, business registration and operation, and employment opportunities, and to enact and enforce laws that protect women from all kinds of violence. Where appropriate, Member States should audit all existing laws for discrimination and amend discriminatory laws.
Member States to involve women in the decision-making process with regards to national and international responses to global challenges to food security and nutrition.
Member States, international organizations, and other stakeholders, to include improvement of women's, adolescent girls', infants' and child's nutritional status, including hidden hunger or micronutrient deficiencies and obesity as a new manifestation of malnutrition, as an explicit goal and expected outcome of agriculture, food security and nutrition-related programmes, emergency responses, strategies and policies, from design to implementation.
The Committee recalled the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action, adopted at the Fourth World Conference on Women in 1995, and in particular its recommendations for advancing women's food security under the strategic objectives on macroeconomic and development policies (A1), vocational training and continuing education (B3), health (C1), access to resources, employment, markets and trade (F2) and sustainable development (K2).
the Bureau to encourage and engage as appropriate with UN Women in the development of specific indicators, targets and time tables to measure progress made towards advancing women's food security, and to invite UN Women to report on progress at the 39th session of CFS. | https://cfs-products.ifad.org/?delta=40&start=8 |
Educators must reach out beyond the walls of their institutions and address the most important issues facing society, writes Ellen Buchan
According to UNICEF, almost half of the world’s population – more than 3 billion people – live on less than $2.50 USD a day. This problem is exacerbated by the sharp divide between these extreme levels of poverty and the extreme wealth that exists on the other side of the income spectrum. Data from the World Inequality Report shows that inequality is rising, or staying extremely high, nearly everywhere. Since 1980, the share of national income going to the richest 1% has increased rapidly in North America, China, India and Russia, and more moderately in Europe.
Before Covid-19, in the US, the top 1% controlled 38% of the total assets in the country – which is 16 times the total wealth of the bottom 50% combined. Other countries show similar patterns.
The pandemic has only expanded these differences. In fact, the International Monetary Fund (IMF) found that while the severe impact of the Covid-19 pandemic is clearly seen in the numbers – 120 million people pushed into extreme poverty, and a massive global recession – some data shows an increase in another extreme: the wealth of billionaires.
This inequality has moral consequences for the structure of our global society. Inequality exacerbates social differences and reduces upward mobility – leading to greater stratification within communities. This, in turn, tends to lead to greater crime and social instability. The Equality Trust reports that rates of violence are higher in more unequal societies and goes as far as to suggest that more permanent decreases in inequality would reduce homicides by 20% and lead to a 23% long-term reduction in robberies. Political participation also suffers as the ‘have-nots’ struggle with daily needs and the ‘haves’ entrench themselves further. Nationalistic and nativist narratives harden.
Another consequence is the impact on sustainability and the planet. The have-nots are forced to live off the land, leading to deforestation – the Amazon and Indonesian rainforests being examples of this. These individuals are less likely to be able to access alternative energy solutions and thus rely on fossil fuels. They are both contributors to, and victims of, climate change. As a global Business School community, it is imperative that we should reach out beyond the walls of our institutions and address the most important issues facing our society, especially when these relate so closely to why we do business: to provide a living for ourselves and those around us in a global marketplace.
But can Business Schools also be considered contributors to the current state? They are the producers of talent for the financial and consulting elites. The aim of corporations is to maximise shareholder value; asset stripping, private equity or suppressing wages are sometimes in the best interests of the firm.
To tackle these issues and more, AMBA & BGA, in association with Graduate Management Admission Council (GMAC), hosted a roundtable with Business School leaders. The ensuing discussion sought to delve into the role of Business Schools in addressing global inequality, to examine what’s changed and how far the points above resonate with decision-makers in higher education. Here are some highlights from that conversation.
Sangeet Chowfla, President and CEO, Graduate Management Admission Council (GMAC)
As a Business School community, we have to change the conversation from one that puts the needs of shareholders and capital first to one that also looks at social, environmental, equity and social issues. A shift from the shareholder primacy view of business to a multiple stakeholder model. We should certainly do the tactical things – recruiting and admitting more diverse classes, creating the appropriate curriculum – but we need an intellectual framework around the role of business that goes beyond the Friedman model of shareholder primacy to one that is more inclusive in terms of environmental and social equity. Who else will build this framework if not the university?
The other thing is that technology has fundamentally changed how we deliver education. Education is no longer reserved for those who can put two years of their career on hold and afford to travel to a western, high-cost city for an MBA programme. Technology has enabled us, as Business Schools, to deliver in different ways, to create a flatter meritocracy or a more distributed, democratised form of meritocracy. This creates more equality of opportunity which can lead to equality of outcomes. After all, it does not seem that we can truly address equality if only a certain elite – economic or dynastic – however well-intentioned, is going to create a level future for all.
So, if we can do these two things simultaneously (build the intellectual framework for what capitalism looks like out into the future, and use technology to democratise or spread the creation of the meritocracy) then that contribution can be huge, changing the value of business education as we see it today.
Catherine Duggan, Dean, University of Cape Town Graduate School of Business
When I think about the role of Business Schools, I am always reminded of a quote from a Nigerian writer, Ben Okri. He writes: ‘We can redream this world and make the dream real’. I think those two elements are exactly what we do at a Business School: we are reimagining what the world could be and equipping ourselves and our students with the tools and skills to implement that vision.
Both parts are critical as we make a case for business education. We have an opportunity to re-dream things, but we also have a responsibility to pair that process with the tools to make things real; to make them work. Fundamentally, I think that, at Business Schools, we teach our students how to think about things in new ways, under new conditions.
When I talk to our alumni, they don’t point to specific skills as the things that they continue to draw on from their MBAs. Instead, they point to the way they learnt how to see the world – particularly the way they learnt how to see new opportunities and spot new risks.
That’s what I see as our role: giving our students new analytical tools and ways of thinking about things, then helping them to put those tools together with their own experiences and unique worldviews so they can see things others don’t. I think that’s how you find new opportunities for social impact.
Johan S Roos, Chief Academic Officer, HULT International Business School
Inequality is a big theme. There is always going to be inequality in a competitive world, and a world without it is a utopia. Socialism and communism have tried to eradicate inequality and that just doesn’t work. George Orwell’s famous novel Animal Farm illustrates the fact that some people will always consider themselves more equal than others.
Inequality is – to some extent – a driving force for societal progress and personal improvements. But we need to make sure that people can beat inequality and enhance their living conditions. The key thing is [to ensure] that the economy and social structures are dynamic, not static. People stuck in poverty or misery without opportunities to improve their lives makes inequality a very complex problem with no easy answer. The world is unfortunately full of examples of this.
What can we do in higher education to help drive society towards the dynamic scenario rather than the static one? We can ensure that students and faculty talk openly about inequality and the problems it causes, but also about how everyone can gain equal opportunities to improve their lives. At the same time, we need to cultivate and protect one of the key success factors of successful business, economies and society; meritocracy. The challenge is that a meritocracy is inclusive, so that we all have a chance to compete and succeed based on our merits, regardless of how we look or how we chose to live our personal lives. An inclusive and ethical meritocracy should be a powerful driving force to making the world a better place.
Business Schools should be reinforcing the idea that people must be able to work, progress, and live meaningful lives within society – within the moral and legal boundaries provided by institutions and the law, of course. To keep the topic hot, we should also make sure we can discuss existing knowledge about inequality, debate and develop new ideas, and encourage students and faculty to engage in the public debate. I often tell my faculty members that they have a responsibility to engage in public debate about things they understand and have views on.
Donna M Rapaccioli, Dean, Gabelli School of Business, Fordham University
We must ensure that access to the highest quality of education is available to everyone. I am concerned that high-potential individuals who lack resources to fund their education are being guided into training programmes instead of educational institutions.
While these training programmes provide a cost-effective opportunity to emerge from poverty, society needs more. To really impact income inequality in the long term, we need holistic education, which equips individuals with the knowledge and mindsets needed to reach the highest levels of organisations. We have to figure out how to enable all members of society to experience an education that prepares them for leadership.
One key point to be transparent about is the kind of School you are. Fordham is a Jesuit Catholic School; our mission is to educate compassionate global business leaders who will make positive societal change. That is how we present ourselves, so there is a predisposition in terms of the type of students who apply to our School. I believe that Schools have a responsibility to be truthful about who they are; if social justice is at the heart of your mission, you need to say that up front.
Clearly articulating your mission in your messaging is one way you can curate the composition of your student body. Once students are enrolled, they should experience your mission in their learning opportunities, the curriculum and co-curriculum, the cases assigned by faculty, and the speakers you invite. These will reinforce one another.
It’s not easy, but many Schools are realising that an holistic education, which thrives on a diverse, engaged learning environment, can be transformative. Many Schools are also now looking for activists and changemakers – you want them on your campus because you want that passion. The creativity and drive they bring will amplify your efforts at creating a truly dynamic learning environment that educates for leadership. | https://businessgraduatesassociation.com/the-role-of-business-schools-in-driving-equality/ |
The Women’s Center of Southeastern Michigan is dedicated to the economic and emotional self-determination of women, girls, and families. Women in crisis have access to low-cost help from a therapist, job coach, divorce specialist, family law attorney, or financial adviser. When women have the tools to assert their economic and emotional strengths, families and communities also thrive.
Women will triumph over social and economic inequality to reach our full potential.
We encourage individuals to discover and amplify their inherent strengths through therapy, support groups, and job and financial coaching.
We are a learning community, which means that everyone is free to make — and learn from — mistakes without blame or shame. Learning does not proceed just one way: from expert to newcomer. It is an interactive, experiential process: supervisors learn from interns; employees learn from volunteers; interns learn from clients. New personalities and fresh ideas ensure mutual growth and keep the work relevant and rewarding.
We work to enhance a person’s desire for growth, to distinguish individual problems from systemic problems, and to carry out individual and social change.
The underlying principle, which informs all others, is self-determination. Self-determination theory asserts that human beings are naturally striving, curious, spontaneous, and vital. We are inclined to 1) seek challenges, 2) gravitate toward choice, and 3) adopt behaviors that are prompted, modeled, or valued by others.
are committed to high-quality, financially-accessible service regardless of individual income or insurance status.
affirm equal access to our services, regardless of gender, sexual orientation, racial/ethnic background, ability, or income level.
strive for participative decision-making in an atmosphere of mutual respect.
maintain that gender discrimination and other oppressions, power and economic inequities, domestic and sexual abuse, and the silencing of women’s voices are still commonly practiced in our society and profoundly impact emotional, economic, and physical health.
provide opportunities for participants to question, challenge, and make suggestions about social and economic policies that may ultimately impact their lives and the lives of their families.
bring together people and programs, both inside and outside our agency, to build a continuum of economic and emotional support.
are committed to be responsible, transparent, and accountable for all of our actions.
adhere to codes of professional conduct as required by our various disciplines – social work, counseling, and psychology. | https://womenscentersemi.org/who-we-are/our-vision/ |
Canada is in the process of destroying decades of progress. We are developing limited, American-style access to social programs, our employment insurance system is being slowly starved to death, tuition fees are skyrocketing — all in the name of “austerity.”
Is this the kind of Canada we want to leave to future generations?
Inequality has increased substantially in recent years. Our national income is rising, yet it mainly benefits the top 1 per cent of Canadians, to the detriment of middle-class families whose incomes have stagnated. And far too many Canadians still live in poverty — and even more are unemployed or underemployed.
On Tuesday the Broadbent Institute released Towards a More Equal Canada, a major discussion paper on income inequality in Canada. Drafted in consultation with some of Canada’s leading thinkers and policy experts, I want to help stimulate a serious national discussion on extreme income inequality — and what we can do about it.
A substantial majority of Canadians want our governments to take action on income inequality. A Broadbent Institute-commissioned poll by Environics found that Canadians widely agree: we are facing a serious and growing problem. A large majority of Canadians — including a majority of Conservative voters — are willing to pay higher taxes to protect our social programs.
Extreme economic inequality undermines basic human rights and diminishes the quality of our democracy. Our children will not have equality of opportunity if fundamental public goods like higher education and child care are only delivered on the basis of who can afford them and if we continue to only pay lip service to eliminating child poverty.
So how do we challenge inequality? How do we move toward a more equal Canada?
Values matter. Democratic politics is about choosing what kind of society we want to live in. There is no single answer to income inequality, but there are solutions to reduce the problem if we demand leadership from our political representatives.
It is essential that the federal government shows leadership. The federal government controls many of the key levers — income security programs, a progressive income tax system, and transfers to the provinces — that we need to combat inequality.
Canadians should demand action.
We can challenge inequality by promoting good, middle-class jobs. Moreover, we must also invest in the skills of all Canadians, including through early childhood and post-secondary education, and ensure that workers have access to the legal protections and potential benefits of union membership.
We can challenge inequality by upgrading federal support programs like Employment Insurance and tax credits for the working poor, many of which have not kept pace with increases in low-paid and precariously employed Canadian workers. We should seriously debate the concept of a Guaranteed Basic Income that ensures a minimum level of economic security for all, just as we now do for seniors through the Guaranteed Income Supplement.
We can challenge inequality by building accessible and affordable public services which benefit all Canadians while reducing reliance on market income.
Public services are the greatest deal the great majority of Canadians are ever going to get. The value of education, health and child care, and other public services far outweighs the income taxes paid by middle-class and low-income Canadians.
We can challenge inequality by making major changes to our tax system. In recent years, as the divide between the 1 per cent and everyone else grew, many of our political leaders turned “taxes” into a bad word. Tax cuts have put the squeeze on services we already have, and make it difficult to discuss expanding the social programs we need despite overwhelming evidence of their cost efficiency.
Progressive income taxes raise the money we need to pay for social programs. This more equal proposal limits the difference between after-tax incomes, and means that we can fairly share the costs of public programs.
In the past, when we were faced with major challenges, Canadians found the collective will to make major changes to our social and economic arrangements through our democratic system of government.
The current rise of extreme income inequality must now compel us to rebalance our priorities. What kind of Canada do we want to live in? What kind of Canada do we want to leave to the next generation?
We must rebalance our priorities. Practical change is possible.
Let’s get on with it.
Ed Broadbent was leader of the federal New Democratic Party from 1975 to 1989. He is founder of the Broadbent Institute. | https://www.thestar.com/opinion/editorialopinion/2012/10/08/what_kind_of_canada_do_we_want.html |
Following are UN Deputy Secretary-General Amina Mohammed’s remarks at the General Assembly high-level thematic debate on “Addressing Inequality towards Inclusive Development”, in New York today:
It is my honour to join you for the General Assembly High-Level Thematic Debate on Addressing Inequality towards Inclusive Development. The theme of today’s discussion highlights a critical aspect of the 2030 Agenda for Sustainable Development, namely, how to achieve Sustainable Development Goal (SDG) 10 on reducing the scourge of inequality within and among countries.
Reducing poverty and inequality is the linchpin if we are to ensure that the results of the 2030 Agenda are seen and felt in the lives of everyone, everywhere — and if we are to keep our commitments to forge a people-centred and planet-sensitive future. Our collective experience has shown that development is not sustainable if it is not fair and inclusive.
Evidence also proves that high and rising inequality hinders sustained socioeconomic growth and undermines equality of opportunities. It poses a challenge to human development, the fulfilment of human rights, social cohesion, peace and security and sustainable development, both within and among countries. And when considered alongside the broader impacts of globalization and rapid technological change, the growing concentration of income and wealth has led to economic anxiety, exclusion and a decline in trust in Governments and public institutions.
Despite these facts, global inequality levels remain very high. Within‑country inequality remains a particular challenge as the top 1 per cent of earners across the globe captured twice as much of the growth in global income as the poorest 50 per cent. SDG 10 identifies some of the key areas where action is urgent. It places a particular emphasis on social, economic and political inclusion of those who are often marginalized or discriminated against.
High inequality is not inevitable. Many countries have demonstrated that inequality can be curbed, with the right set of policies and institutions. Key to this is investment in building strong data ecosystems and capacities at the national level to ensure we leave no one behind. Investment in human capital can correct generations of injustice and inequality. Well‑targeted social protection programmes can build community resilience. Investment in infrastructure to promote access to opportunities, technology and innovation is a further proven pathway. Tackling discriminatory laws and practices is critical. We must also maximize the benefits of migration, building on the adoption of the landmark Global Compact for Safe, Orderly and Regular Migration.
The Secretary-General attaches the highest importance to an agenda of equality. The comprehensive reforms of the United Nations development system that he has set in motion are one main manifestation of this commitment, enabling us to better support Governments to advance integrated response to the 2030 Agenda, including its central focus on Leaving no one behind. We are also working to implement new United Nations strategies on youth, disability inclusion and legal identity. But, we can only advance together — in partnership among all stakeholders.
Financing is crucial. We are working to align global financial and economic policies with the 2030 Agenda, including SDG 10. We are supporting Member States to enhance sustainable financing strategies and investments at the regional and country levels to seize the potential of financial innovations, new technologies and digitalization to provide equitable access to finance. In this endeavour, the World Bank is a key partner.
Actions are also needed by other international institutions and by development partners to ensure that financial and other support benefits the most vulnerable developing countries. We must also recognize that there is not just one uniform story of inequality. Patterns and trends in inequality, and their drivers, differ greatly by country. Understanding the local factors and variations is therefore essential in developing effective policy.
As we look ahead to the review of SDG 10 at the high-level political forum in July, we look forward to hearing more about how each and every one of you, as Member States and other stakeholders, have been able to shift the “inequality story” and put countries on a path to development that is more inclusive, more just and more sustainable.
In that spirit, I wish you a fruitful debate. | https://www.un.org/press/en/2019/dsgsm1279.doc.htm |
CAN Europe welcomes the European Commission’s Strategic Dialogue on the forthcoming proposal for a Council Recommendation on addressing the social and labour aspects of the just transition towards climate neutrality, as well as the possibility to share inputs in writing.
See here the link on European Commission website and download the PDF at the bottom of the page.
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Climate action is social action: The socio-economic costs of climate inaction or of an unregulated transition needs being acknowledged in the Council Recommendation
As noted by the European Central Bank (ECB), “there are clear benefits to acting early: the short-term costs of the transition pale in comparison to the costs of unfettered climate change in the medium to long term”. More frequent and severe natural disasters could lead to a decrease in European GDP, should policies to mitigate climate change not be introduced (i). But beyond the impact on GDP, the cost of inaction would be immense in terms of humanitarian needs to deal with climate-related disasters and increase in food prices (ii), public health impacts (iii), or additional annual welfare loss in Europe (175bn € under a 3°C global warming scenario, and 83bn € under a 2°C global warming scenario). (iv)
These adverse social impacts of climate change are already part of the daily life of hundreds of millions of people living in the Global South, with women especially vulnerable to climate change’s effects in many countries. Escalating extreme weather events contribute to food insecurity and conflicts, while climate-induced migration is a rising phenomenon. The poorest are the less equipped to cope with both the impacts of climate change and an unregulated, disorderly transition. The same holds true within Europe, as could be seen last summer with floods and wildfires, with more severe impacts on the poorest and vulnerable people in the society. The Council should make it clear that climate inaction or further delays is not an option because of the existing and future appalling social impacts, inside and outside the EU – a regulated just transition based on climate action is what is needed.
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Environmental and social goals are together equally imperative: We need synergies and coherence between social and climate policies
The lack of political commitment over the last 30 years to firmly engage in the decarbonisation of our societies and economies means that the window of opportunity to keep humanity in a safe place is narrowing down every year. As a result, progress will have to be achieved at a very high speed. Existing socio-economic inequalities, levels of poverty and precariousness in the EU make the much-needed rapid green transition more challenging. Inequalities, social injustice and the climate crisis are the result of the same unsustainable economic system that brought humanity to the current environmental, social and economic crisis we are facing today. For people living in a precarious socio-economic situation, it is even more difficult to deal with job losses and the need to re-skill, or to have the resources to invest in cleaner consumption modes (from transport to heating or cooling, from building renovation to different diets and agro ecological practices).
Climate action must be designed and implemented with a view to mitigate adverse social impacts on low-income people, and to generate opportunities for them – beyond the well-known broader social benefits (health, air quality, etc). Inclusiveness of all representatives of different segments of the society is a bare minimum to ensure social risks are identified, and ways to mitigate them should be factored in climate policy processes. However, climate action, even if it is socially fair, can’t replace robust policies to promote and protect social rights and to address the root causes of inequality. We therefore call for the Council Recommendation to stress the importance of building synergies between social policies and climate policies, avoiding silo approach and conflict between them. This ranges from progressive and gender-just taxation to universal social protection, implementing the rights to housing, food and education and fighting gender and other grounds of discrimination across the board.
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Strengthening coordination between different levels of policy making is a must: We need synergies between national and European policies to strengthen climate action and social protection”
EU legislative proposals under Fit for 55 need to include flanking measures to mitigate potential adverse distributional impacts, i.e. the risk of exacerbating existing inequality. But EU policies alone will not suffice: we need adequate policies in place at national level to accompany the decarbonisation of our economy and societies, and ensure the green transition benefits everyone, and not only the wealthiest. Many policies and measures are in the competence of Member States or even local and regional authorities, from taxation to social protection. Complementarity needs to be established between local, national and European socio economic policies. Coordination and coherence between national budgets and EU funds (Cohesion Policy Funds including the Just Transition Fund, future Climate Social Fund, Recovery and Resilience Facility) needs strengthening. The European Semester seems the right mechanism to provide the complementarity and coherence needed; thus, it should leave much more room for the coordination of national social and climate policies, rather than the current narrow focus on macro-economic issues – sometimes to the detriment of social fairness and environmental protection. We call for the Council Recommendation to stress the importance of strengthening coordination of national and EU policies beyond macro-economics, in order to deliver an orderly just and green transition, and to commit to taking this on board in the framework of the ongoing review of the EU economic governance framework.
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The fight against inequality and poverty must be mainstreamed: We need distributional analysis of all policy proposals, beyond the Fit for 55
We welcome the intention to make the distributional analysis of EU policy proposals on climate, energy and environment systematic. However, this also needs to be the case for non-climate policies, which also risk exacerbating poverty and inequality as climate and environmental policy is not the driving cause of systemic inequalities. For example, policies geared at encouraging digitalization or opening up public services to competition, or taxation policies would also deserve robust distributional analysis. The distributional analysis also needs to look at gender and other intersecting grounds of discrimination. We call for the Council Recommendation to require a distributional analysis of all EU policy proposals, and to commit Member States to embrace distributional impact assessment at national level too.
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Inclusive planning of the uses of money flows for a societal just transformation is a must: Funding and mechanisms need to be in place to reach those most in need
Reaching those most in need with financial and other forms of support requires dedicated efforts, structures and resources, and participatory action at local and regional level. Those most in need are facing various barriers, from disability to language barriers, illiteracy to time poverty because cumulating several exhausting poorly-paid jobs or unpaid caretaking duties, from lack of transportation options to lack of digital skills or equipment.
We can expect that flanking measures to mitigate the risk of adverse social impacts of climate policies will require online access/skills. This is why much more robust action is needed to tackle the digital gap, purposefully targeting those left behind in the so-called digital transformation. That has not been sufficiently the case so far, including under the Recovery and Resilience Facility, where people and regions most in need could not participate in the planning process because thoughtful public participation has not been at the center of the process. Reaching those most in need may require working with grassroots groups and CSOs, knocking on people’s door to propose assistance to access the support – and not just a web portal. We therefore call for the Council Recommendation to make the link between the imperative to close the digital gap and the possibility to reach those most in need, and the importance of dedicating resources to make sure those most in need are reached.
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Consultation with the civil society and the workers is a must: We need systematic participation mechanisms for CSOs and trade unions
The role of Civil Society Organisations (CSOs) and social partners in the green and just transition is crucial on many accounts. They need to be consulted about the programming of financial instruments and about adequate flanking measures that can be put in place. They are key to reach those most in need and facilitate participation of people who may be affected by the climate transition in defining the future of their region and communities. There will be no fair and green transition without civil society, without the people. We therefore call for the Council Recommendation to stress the role of CSOs and social partners, and to commit to engage them, support and resource them in order to create an enabling environment allowing them to perform their various roles.
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i European Central Bank, Occasional Paper Series, ECB economy-wide climate stress Test, 2021,
ii EU Strategic Foresight Report – The EU’s capacity and freedom to act, 2021,
iii European Environment Agency: Air quality in Europe – 2020 report
iv Joint Research Center, Economic analysis of selected climate impacts, 2020, | https://caneurope.org/can-europe-submission-regarding-the-proposal-for-a-council-recommendation-on-addressing-the-social-and-labour-aspects-of-the-just-transition-towards-climate-neutrality/ |
Freedom of expression and privacy are mutually reinforcing rights – all the more so in the digital age. Both are essential foundations for open and democratic societies, and among the basic conditions for its progress, and for each individual’s self-fulfilment. For democracy, accountability and good governance to thrive, freedom of expression and opinion must be respected and protected. The same is true of the right to privacy, which also acts as a powerful bulwark against state and corporate power in the modern age.
While freedom of expression is fundamental to diverse cultural expression, creativity and innovation as well as the development of one’s personality through self-expression, the right to privacy is essential to ensuring individuals’ autonomy, facilitating the development of their sense of self and enabling them to forge relationships with others.
Privacy is also a pre-requisite to the meaningful exercise of freedom of expression, particularly online. Without privacy, individuals lack the space to think and speak without intrusion and to develop their own voice. Without freedom of expression, individuals would be unable to develop their sense of self. At the heart of the protection of these rights lies the respect for, and protection of, human dignity and individuals’ ability to live freely and engage with one another.
At the same time, one person’s right to freedom of expression may impinge on someone else’s right to privacy and vice versa. This tension is exacerbated by digital technologies. Whilst they have been central to the facilitation of the exercise of freedom of expression and the sharing of information, digital technologies have also greatly increased the opportunity for violations of the right to privacy on a scale not previously imaginable. In particular, digital technologies present serious challenges to the enforcement of the right to privacy and related rights because personal information can be collected and made available across borders on an unprecedented scale and at minimal cost for both companies and states. At the same time, the application of data protection laws and other measures to protect the right to privacy can have a disproportionate impact on the legitimate exercise of freedom of expression.
These Principles were developed in order to provide a systematic analytical framework for assessing the ways in which the rights to freedom of expression and privacy are mutually reinforcing, and for determining the permissible limits which can be placed on these rights where they are in conflict, both on and offline. In particular, the Principles seek to ensure that both of these fundamental rights are effectively respected and protected in the digital age. As we demonstrate in these Principles, international law provides a framework to resolve tensions and maximise the enjoyment of both rights. The Principles we set out here offer a progressive interpretation of international law and best practice in individual states, as reflected, inter alia, in national laws and the judgments of national courts. They should be interpreted in the most favourable way for human rights.
These Principles should neither be taken as foreclosing nor as approving restrictions designed to protect other interests – including the protection of reputation by defamation laws – which deserve separate treatment and are addressed in their entirety in a separate set of principles.
It is our intention and hope that these Principles will be used by individuals, activists, campaigners, legal practitioners, intermediaries, judges, elected representatives, parliamentarians, and public officials around the world as they seek to respect, protect, and fulfil the rights to freedom of expression and privacy.
Read the Global Principles online here
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rt @c__cath: read why #ietf statuscode #451 can make a difference for the ... | https://www.article19.org/resources.php/resource/38657/en/the-global-principles-on-protection-of-freedom-of-expression-and-privacy |
WASHINGTON, Jan. 24, 2019 — The American Bar Association marks the 2019 International Day of the Endangered Lawyer. Now in its ninth year, the day pays tribute to legal professionals worldwide who dedicate themselves to ensuring that governments honor human rights obligations and commitments.
Lawyers, prosecutors, judges and human rights defenders around the globe often confront grave risks because of their jobs.
Fundamental precepts and norms of international law reflect the unique status of lawyers, prosecutors, human rights defenders and judges, and afford them special protections.
For example, the U.N. Basic Principles on the Role of Lawyers calls for ensuring that lawyers can fulfill their professional responsibilities without intimidation, hindrance, harassment or threatened security. The U.N. Guidelines on the Role of Prosecutors provides for comparable protections for prosecutors. Similarly, the U.N. Basic Principles on the Independence of the Judiciary underscores the importance of appropriate measures to ensure the safety and security of judges and to protect them from threats. In addition, the U.N. Declaration on Human Rights Defenders establishes the right of defenders to offer legal assistance or other relevant advice in defense of human rights and fundamental freedoms, and further provides that states ensure an environment where defenders can do their work without fear of retribution.
As we recognize the International Day of the Endangered Lawyer, the American Bar Association reaffirms its support for the inspiring lawyers, prosecutors, judges and human rights defenders who embody the highest ideals of our profession and breathe life into the rule of law every day.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews. | https://www.americanbar.org/news/abanews/aba-news-archives/2019/01/statement-of-aba-president-bob-carlson-marking-the-2019-internat/ |
On February 10, the National Congress enacted Constitutional Amendment (EC) 115, which includes the protection of personal data, including in digital media, in the list of fundamental rights and guarantees of the Federal Constitution of 1988. Fundamental rights are considered to be values inherent to human beings, such as freedom and dignity. Thus, Data Protection is now incorporated into this list of inalienable rights as an irrevocable clause – that is, one that cannot be altered.
The subject originated in the Proposed Amendment to the Constitution (PEC) 17/19 by the Senate, where it was approved, having been subsequently approved by the House of Representatives and returned to the Senate in October of last year for further consideration. Congressman Orlando Silva, rapporteur for the Proposal in the House of Representatives, pointed out that, alongside the Marco Civil da Internet (Brazilian Civil Rights Framework for the Internet”) and the Brazilian General Data Protection Law (LGPD), the new constitutional amendment concludes the “normative regulatory framework of the area and expects the conferring of autonomy to the the National Data Protection Authority (ANPD).
Finally, it should be noted that one of the main amendments made by the House of Representatives to the original text was the provision for exclusive competence of the Federal Government to legislate on matters relating to the subject. The PEC attributes power to the Federal Government to legislate, organize and supervise the protection and processing of personal data, in accordance with the principles established in the LGPD.
Thus, the constitutionalization of data protection is an important advance in the strengthening of the culture of privacy in the country, to ensure both the rights of data subjects and the guarantee of privacy and individual freedom.
Demarest’s Privacy, Technology and Cybersecurity practice is available for more information on this and other related topics. | https://www.demarest.com.br/en/brazils-congress-enacts-constitutional-amendment-on-data-protection/ |
Cybersecurity Key Issues 2022
As the threat of cyberattacks grows, the roles of chief information security officers (CISOs) and cybersecurity teams are about to change significantly from "guardians" to "organization-inspired influencers."
In this report, looking ahead to 2022 and beyond, we have selected eight issues that CISOs should prioritize at the level of executives and the board of directors, and considered measures that should be considered for each issue.
1. Expanding strategic security debate
Cyber risk management with a view to competitive advantage and long-term success requires the leadership of the board of directors and executives. CISOs and cybersecurity teams need to work to raise executive awareness.
Key Measures to Consider for Security Strategies
Consider how to break away from traditional security thinking centered on confidentiality and availability and ensure integrity and resilience.
Work with key internal stakeholders on security strategies to protect organizational and customer data, risk management, and protect short- and long-term business strategies.
Change executive awareness of security to focus on realistic company-wide risks rather than cost and speed.
Don't worry about key performance indicators (KPIs) and key risk indicators, you can see from basic data such as incident types, differences between internal and external programs, and data-related measures (in progress, planning, waiting for approval). Focus on themes and trends.
Build relationships with business departments by raising awareness about possible damage when security is incorporated from the concept / design stage and when it is not.
2. Determinants of success: essential talent and skill sets
While devising ways to spread security awareness, such as utilizing AR (augmented reality) and VR (virtual reality) for cybersecurity awareness activities, we are also introducing continuous control monitoring that combines automation, data analytics, and AI. valid.
Main measures to consider for fostering a cybersecurity team
Change the way information is transmitted. Talk about business, not technical theory.
Without being bound by the conventional definition of cybersecurity, we will continue to build relationships with other departments within the company and network with related parties within the company.
Incorporate scenario thinking, testing, and response into the normal work of your internal cybersecurity team.
Compliance is an important outcome of the security program you have developed and should not be the reason for your team's existence.
Take on the role of evangelist. Preach the importance of security and increase internal motivation.
Based on the idea that "cybersecurity is one of the important elements of an organization and is imprinted in the DNA of the organization," it encourages a change in awareness about the role of security.
3. Security suitable for the cloud era
Cloud environments require automation from deployment to monitoring and recovery, which inevitably increases the reliance on automation. As cloud computing accelerates, it is necessary to prepare for ensuring the security of in-house data on the cloud, centering on automation tools and protocols.
Major measures to consider to ensure cloud security
Eliminate human processes and automate cloud security, with a focus on deployment, monitoring, and recovery.
A centralized cloud security team will be formed, and the members will be staffed with development personnel, and a general manager with conventional security skills will be assigned.
When using the responsibility sharing model, clarify the scope of responsibility in cloud security between the cloud operator and the user company.
Utilize CSPM tools with preset policy check functions corresponding to various regulations and systems.
Build an incident response process that is linked to your company's wide range of cloud strategies.
4. ID management, which is the central axis of zero trust
It is necessary to adopt a zero trust attitude and architecture, and to place IAM (ID / access management) at the central axis. You need to consider how to most effectively implement a company-wide zero trust architecture and work to develop principles that are consistent with your management and operations priorities.
Main measures to consider for ID / access management
Start demonstrating or introducing passwordless authentication for some use cases.
Make sure your identity program has a sound data and analytics foundation.
Incorporate zero trusts into your overall cybersecurity strategy.
We will focus on enhancing the user / customer experience by creating a stress-free environment that does not require identity verification many times.
Automat security functions and create a system that allows highly skilled professionals to focus on more strategic activities.
The introduction of the zero trust model is a long-term effort, and we are prepared to take time to implement it.
6. Leveraging security automation
Security automation improves security analysts' productivity, reduces incident detection and response time, gains scalability, and enhances control by visualizing risks. It is also important to review in-house human resources and tools, as tools that have already been introduced may include advanced automation features.
Key Measures to Consider for Security Automation
Focus on threats rather than incidents and take the initiative in security automation.
Automate day-to-day tasks and allocate talent and cognitive skills to more important activities.
Utilize in-house human resources who are familiar with the technology and automation owned by the company.
Incorporate security automation at key milestones in SDLC.
When it comes to what you know is feasible, push the limits, don't be afraid to fail, and immediately apply the lessons learned from them.
Avoid over-designing solutions and don't introduce automation tools that don't solve problems or contribute to your business value.
6. Privacy Frontier Protection
Awareness of privacy such as GDPR and CCPA is increasing worldwide, and risk management in terms of both privacy and security is necessary. In addition to meeting regulatory requirements, there is a need to change the organizational culture, such as "privacy first" and "privacy by design."
Key Measures to Consider for Privacy Risk Management
It is important to educate executives and business department managers about why consent is required to collect personal data and what kind of adverse effects will occur on management if consumers' rights are not respected.
Ensure that the priorities and visions of executives and top executives are consistent with the data privacy program, and align the perceptions of all parties at each stage of collection, consent, and use.
Adopt privacy-by-design standard rules to supplement and complement privacy regulations and regulatory requirements.
By incorporating written policies into verifiable business practices, we seek the understanding of consumers and regulators about their efforts to protect consumer rights and data.
Introduce data privacy management technology tools to automate processes, comply with regulations, speed up response, and reduce human error.
7. Cross-border security measures
Having a framework agreed upon with multiple partners, such as third parties, helps minimize risk. In addition to leveraging AI and machine learning to address shadow IT issues and enhance monitoring of third-party SaaS products, the introduction of chatbots and automation of risk management processes are also effective means.
Key measures to consider to ensure ecosystem security
Keep an eye on regulatory requirements as regulations continue to evolve and continue to focus on supply chain security.
Consider CCM (Continuous Monitoring of Controls) as a means of migrating the ecosystem from compliance-oriented to operational-focused security.
In order to strengthen security and have highly skilled security personnel concentrate on strategic tasks, we will seek opportunities to utilize AI / machine learning and automate supply chain security-related tasks.
Don't overlook the control system supply chain. As IT and OT (operational technology) systems merge, it is more likely that attackers targeting business data will exploit the weaknesses of control systems.
Large, resource-rich companies need to take security measures to protect their environment as well as their broader ecosystem and work to build capacity.
8. Review of debate over cyber resilience
To achieve cyber resilience, CISOs need to explain to executives the risks and implications of security breaches and the importance of cyber resilience. With the support and support of executives, finance, marketing and other stakeholders, we will review our core business processes and strategies for business continuity.
Key Measures to Consider for Cyber Resilience
Consider how long you can continue your business if a critical function stops and how it will affect your customers.
Analyze how critical cybersecurity incidents affect supplier dependence.
Discuss cybersecurity and cyberresilience themes at the executive level.
Make sure that the current resilience plan fits the objectives of cyber attack countermeasures and takes appropriate countermeasures.
Remember the humble attitude of admitting that your prior assumptions may have been wrong, and have an alternative plan ready for immediate operation.
Through practical exercises conducted on a regular basis, executives will be able to improve their crisis management capabilities in the event of a cyber attack and clarify their roles.
While emphasizing the basics, we will not neglect to invest in detection ability and quick response / recovery ability.
If your company does not have the capacity or ability, work with the appropriate specialists.
At the end-Consideration of priority fields (IIoT, 5G, AI)
IIoT (Industrial Internet of Things)
The Internet of Things (IoT) for the industrial field will continue to expand, and millions of sensors, devices, and other network-connected terminals connected to the cloud are vulnerable entrances to cyber attacks. There is a risk of becoming. When strategically deploying these devices in environments such as enterprises and smart cities, it is necessary to consider a wide range of items such as personnel, policies, procedures, and technology, as well as issues such as anomaly monitoring, ID management, and zero trust.
5G Networks
5G networks are fundamentally different from 4G in terms of high speed, high capacity, low latency, and overall innovation. It presents different security challenges and requires a very sophisticated security architecture, monitoring and control. Some of these challenges exacerbate the already emerging geopolitical tensions in the supply chain over the procurement of key technology elements and infrastructure.
AI In
the near future, criminals launching cyber attacks may take advantage of RPA, machine learning, and deep learning. Attackers use AI, but there are no boundaries. In the short term, these criminals will use AI to industrialize cyberattacks and gain an ever-increasing advantage. In fact, these movements have already begun and are expected to continue. | https://www.boudy-technology.tn/2022/08/Cybersecurity-key-issues-2022.html |
Freedom of expression remains Southern Africa’s most violated online right. Advocacy for the respect, recognition and promotion of freedom of expression online has been marked as a priority for digital rights activists in the region. Southern African members of the African Declaration on Internet Rights and Freedoms (AfDec) Coalition, drawn from Malawi, Mozambique, Namibia, South Africa, Tanzania, Zambia and Zimbabwe, noted this during a strategy-networking meeting held in Windhoek, Namibia on 21 September 2019. The meeting was held after a two-day Southern African consultative meeting with the African Commission on Human and Peoples’ Rights’ Special Rapporteur on Freedom of Expression and Access to Information, Lawrence Mute, on the draft Declaration of Principles on Freedom of Expression and Access to Information in Africa. Members of the Coalition submitted comments and proposed amendments to a number of sections, including the new Section IV on Freedom of Expression and Access to Information on the Internet.
The Coalition’s work is centred on the African Declaration on Internet Rights and Freedoms, a pan-African initiative that seeks to promote human rights standards and principles of openness in internet policy formulation and implementation on the continent. It does this through the articulation and promotion of 13 principles which it views as necessary for upholding human and people’s rights on the internet. In 2016, the African Comission on Human and Peoples’ Rights (ACHPR) adopted Resolution 362 (LIX) on the Right to Freedom of Information and Expression on the Internet in Africa. The resolution acknowledged the value of the African Declaration in its elaboration of the principles necessary to uphold human and people’s rights online and in cultivating an internet environment that can best meet Africa’s social and economic development needs and goals.
In a regional assessment of the status of digital rights, Coalition members registered concerns over continuing attempts by especially governments and telecommunications companies to limit free expression and infringe on privacy rights, and their failure to prioritise the need for affordable and quality internet access for the region’s citizens. Coalition members noted instances of:
Coalition members attributed the region’s poor internet environment to the lack of inclusivity and sincerity in ensuring participation by all stakeholders in both national and regional internet governance processes. In particular, members noted governments’ lack of transparency in the formulation and implementation of policy and law, stating that in most cases, consultative processes include a select elite group. As a result, most internet laws that should guarantee and promote online freedoms, such as cybersecurity and data protection laws, have remained stagnant at bill stage. Policy- and law-making processes remain largely dominated by government institutions.
Coalition members agreed to a strategy to, over the next year: | https://africaninternetrights.org/en/updates/african-declaration-internet-rights-and-freedoms-coalition-promotion-freedom-expression |
From a cultural human rights perspective, the European Union represents a rather unique case. Instead of developing its own policy, it rather, on the one hand, works in conjunction with and becomes party to the documents of other international organisations with a focus on culture and cultural rights, such as the UNESCO and the Council of Europe; on the other, it establishes the positive and supportive socio-economic environment which enables cultural rights to flourish. The most significant was the establishment of the common market. The market is a place where people, goods, capital and services may circulate unhindered; respecting and promoting cultural rights. This evokes three different trajectories: ensuring access to one’s culture in the state of origin, guaranteeing access to one’s culture in a Member State other than the state of origin, and securing access to the cultural life of a Member State other than the state of origin.
Given the absence of a precise legal basis for the formulation of genuine cultural rights action, the EU constitutional texts do not contain any cultural rights as such. Though revised on several occasions since the 1957 Treaty of Rome, there is no provision that binds the EU to actively pursue a cultural rights policy. Notwithstanding, various clauses included in the Treaties and the Charter of Fundamental Rights of the European Union may have a role to play in the protection and promotion of cultural rights. For instance, Article 22 of the Charter of Fundamental Rights stipulates that, “the Union shall respect cultural, religious and linguistic diversity” and in the Treaty on European Union (TEU), as a general statement, Article 6(1) proclaims that “The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles, which are common to the Member States”. The reference made to human rights potentially covers all categories of human rights, thus also cultural rights. Article 6(2) further provides that “the Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as they result from the constitutional traditions common to the Member States, as general principles of Community law”. Though the European Convention on Human Rights, signed by all EU Member States and in a short time by the European Union itself, accords priority to political and civil rights, many of its provisions can also be read as incorporating cultural rights in the broader sense.
Culture, a fundamental Union right
EU cultural action under Article 167 TFEU (ex Art. 128 Maastricht Treaty)
The Treaty of Maastricht, adopted in 1992, brought culture within the Union’s sphere of responsibility. Introducing a new “Culture” chapter, Article 128 (Art. 167 at present), it also set out the principle whereby the Union should contribute, “to education and training of quality and to the flowering of the cultures of the Member States”.
Within this new area of responsibility, the Union takes action only if the objectives envisaged cannot be sufficiently achieved by the Member States (Article 5). Community action is therefore not a substitute for action by the Member States, but is designed to supplement it, in order to encourage cultural cooperation. The legal basis for the launch of culture-related initiatives may be found in paragraph 5 of this Article, which restricts the instruments that may be used for the attainment of EU cultural policy objectives to mere incentive measures and recommendations. The situation is not facilitated by the condition that unanimity is imposed for the adoption, and harmonization of the laws or regulations of the Member States is excluded. The soft law approach prescribed has translated into a number of support measures, designed to give vent to creativity and rejuvenate the distribution of cultural goods and services. Between 1996 and 1999, three sectoral framework programmes were launched, providing financial assistance to cooperation projects carried out by operators from various Member States: Kaleidoscope focusing on performing, visual and applied arts; Ariane supporting books and reading and Raphael which engaged the theme of heritage protection.
With a view to increasing the effectiveness as well as consistency of Community cultural action, a single guidance and programming framework for cultural cooperation was introduced in 2000 (Culture 2000). The programme operated for four years with the aim to establish ‘a cultural area common to the European people’ through the intensification of cooperation between cultural operators in all artistic and cultural disciplines. Amongst its key objectives were the ‘improved access to and participation in culture in the European Union for as many citizens as possible’. In 2001, a wide-ranging evaluation exercise was carried out and building on the conclusions a more coordinated approach to cultural cooperation was developed in the Culture 2007-2013 framework. For the 2014-2020 Multi-Annual Financial Framework (MFF), a new framework programme for the cultural as well as creative sectors (CCS) brings together the former Culture, MEDIA and MEDIA Mundus programmes to create an entirely new facility to improve these sectors’ access to finance – the ‘Creative Europe’ Programme. By specifically targeting the needs of the cultural and creative sectors aiming to operate beyond national borders, plus a strong link to the promotion of cultural as well as linguistic diversity, the programme complements other European Union programmes. These programmes include the structural fund support for investment in the cultural and creative sectors, heritage restoration, cultural infrastructure plus services, digitisation funds for cultural heritage, as well as the enlargement and external relations instruments.
However, not only community-level framework programmes promote culture in the EU, but European people strive for their cultural rights as well. ‘A Soul for Europe’ is a bottom-up civil society initiative embracing countries beyond the European Union. From bases in Amsterdam, Belgrade, Berlin, Brussels, Porto and Tbilisi, it is building an international network of European cities and regions, the cultural sector and business as well as European policy-makers. The aim of ‘A Soul for Europe’ is to implement concrete steps and coordinate projects to ensure that Europe makes better use of its cultural assets, aside from raising awareness of Europe as a cultural project. It emphasizes that access and participation in culture develops community and a sense of belonging; that culture and cultural actors are strong mechanisms for the development of civic values.
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As a global Tier One supplier, AISIN Group creates working environments that respect the working practices of employees with diverse values and enable each of those employees to thrive. As our employees grow together, they raise the value of the company and contribute to the building of a sustainable society.
Basic principles regarding respect for human rights
Respect for human rights is foundational in all of our business activities, and we are keenly aware of the need for us to more thoroughly understand the various human rights issues associated with the activities we carry out in each country and area of business and take appropriate measures.
Human rights are the foundation of sound relationships between management and workers
Under Aisin’s corporate principles, our employees are one of our most important stakeholders, and part of the value we provide is being a company where diversity between individuals is respected and employees think and act autonomously and find growth opportunities, job satisfaction and happy lives. Foundational to this is a fundamental respect for human rights, an essential element in enabling each employee to work without undue stress. For this reason, we implement human resources and labor measures, based on the relevant local laws and ordinances in each country, to build sound relationships between management and workers.
Implementation frameworks
In April 2021, Aisin established the Human Rights Advisory Committee under our Consolidated Business Ethics Committee. This committee discusses policies, frameworks and action plans for AISIN Group to respect internationally recognized human rights and thoroughly fulfill its international human rights obligations and comply with relevant laws and ordinances in the countries where we operate.
Structure of Human Rights Advisory Committee
Scheme for initiatives
Aisin has created a scheme for initiatives to tackle human rights initiatives under the UN Guiding Principles on Business and Human Rights. To fulfill our human rights obligations in all of our business activities, we carry out thorough due diligence about human rights, provide training on human rights, have established consultation services to gather external feedback and are communicating with our stakeholders.
Implementation framework of Human Rights Advisory Committee
AISIN Group Human Rights Policy
In April 2021, Aisin established the AISIN Group Human Rights Policy upon discussion and approval by the Human Rights Advisory Committee. This policy is based on the UN Guiding Principles on Business and Human Rights and AISIN Group Principles of Corporate Behavior, and supersedes all other policies on matters regarding human rights.
Our Human Rights Policy covers the minimum level of compliance with the International Bill of Human Rights and ILO Core Labour Standards (freedom of association, the right to collective bargaining, prohibition of forced labor, effective elimination of child labor, elimination of discrimination in hiring and workplaces, etc.) and is a pledge that AISIN Group will fulfill its responsibility to respect human rights through due diligence.
This policy not only applies to exectuives and employees; we also expect all business partners, including suppliers, to understand and uphold this policy. In addition, we will reflect this policy in related policies and procedures such as employee handbook and the group company management rule, and strive to ensure thorough implementation.
Priority initiatives
Aisin carries out due diligence regarding human rights according to the UN Guiding Principles on Business and Human Rights, and set priority risks each year based on changes in human rights such as the legislation of each country through consultation with outside experts.
In February 2020, as a human resources CSR investigation, we investigated the compliance and human rights initiatives at 200 domestic and overseas companies in AISIN Group (100% were carrying out initiatives) to confirm that there were no serious compliance or human rights violations.
For fiscal year 2022, in recognition of increasingly active movements to protect migrant workers‘ rights, including legislation against modern slavery in countries around the world, and the growing public concern about AISIN Group‘s acceptance of overseas technical trainees in Japan, we consulted with external experts and designated the prohibition of forced labor in migrant labor as a risk area of the highest level.
Forced labor in migrant labor
【Initiatives in Japan】Investigation of state of technical intern training program (supervising organization type)
Aisin group is accepting overseas technical trainees to work in Japan. External experts have pointed out the risk of forced labor situations where, in the case of supervising organizations type, the overseas agency sending the workers and/or the Japanese group coordinating their arrival charges an exorbitant recruitment fee to migrant workers and holds them in debt bondage for that fee. For this reason, we are placing a particular focus on investigating placements of overseas technical trainees.
We investigated the placement of overseas technical trainees in our domestic group companies. As of the end of March 2021, there were around 1,250 technical trainees in 21 companies. These trainees were from Vietnam, China, Indonesia, Myanmar and Thailand, with over two thirds from Vietnam.
Based on this, we are taking the following measures to prevent human rights violations that could occur when we accept overseas technical trainees.
- We conducted regular surveys on the acceptance of foreign technical intern trainees at group companies in Japan regarding operations, treatment, document management, protective measures, supervising organization status, etc., but we have not found any violations that could lead to infringe their human rights.
- Regarding the exorbitant fee charges to migrant workers that can cause forced labor, we are implementing corrective measures on the trainees from Vietnam as a first step.
- Since December 2020, we have joined in "Japan Platform for Migrant Workers towards Responsible and Inclusive Society” and promoted cooperation with various organizations, information gathering, and exchange of opinions with experts. In addition, from June 2022, we have participated in the "JP-MIRAI Pilot Project of Counseling for Foreign Workers" to strengthen the information provision and consultation service functions.
We are also take support measures on the overseas technical trainees who have difficulties to return to their home countries after their training period ends, due to the impacts of COVID-19, and who are in pregnancy and childbirth during the training.
【Initiatives overseas】Execution of migrant labor investigations
In June 2021, Aisin conducted an immigrant labor investigation on 121 overseas group companies to grasp the actual situation of immigrant labor at overseas companies and to identify the risks of forced labor.
In particular, we investigated to determine the number of migrant workers*, the countries the workers migrated from, the percentage of indirect recruitment, and whether there were any possible issues in the recruitment and/or repatriation process (e.g., charging of recruitment fees, withholding of passports or identifi-cation documents, prohibition of return to the home country, etc.).
*In these surveys, “migrant workers” refer to non-regular (contingent, contract, non-permanent, temporary, etc.) foreign national workers with status of residence (non-permanent) for the purpose of employment (excluding expatriates from other companies/countries)
Based on the data gathered, we have determined that no infringements are being placed upon migrant workers at our group companies. We will continue to raise our understanding of forced labor and help prevent it.
Migrant workers at Aisin's overseas group companies (by region)
|Region||Number of
|
migrant workers
|Americas||255|
|Europe||67|
|Asia-Pacific||10|
|China||0|
Training, established activities and consultation services
Aisin takes all employees‘ fundamental human rights seriously and takes every opportunity to educate our employees on human rights, from initial training for new employees to additional training for those receiving a promotion or being appointed as an officer. In addition to common CSR training for 12 group companies in AISIN Group, we invited a guest lecturer from the Aichi Labor Bureau and hold a training seminar on fair recruitment for group companies.
Our compliance consultation service accepts a wide range of questions and allows anonymity. Thorough attention is paid to the rights of those using the service, including privacy and prevention of reprisal, when taking measures. In fiscal year 2022, we are establishing a new AISIN Global Hotline to take compliance inquiries from external stakeholders, and are building a framework to gather feedback on human rights on a wide scope.
Initiatives to eliminate discrimination
Aisin is a member of the Industrial Federation for Human Rights, Aichi, an organization comprising 26 companies in Aichi Prefecture that works with relevant administrative bodies and organizations such as the Aichi prefectural government and Aichi Labor Bureau to raise awareness about human rights. We also work with the Corporate Federation for Dowa and Human Rights Issues in various regions to carry out education and awareness-raising activities in companies with the aim of creating a society where human rights are respected.
Supply chain initiatives
Responsible procurement of minerals (measures against conflict minerals)
In fiscal year 2021, we continued to investigate our supply chain to determine whether conflict minerals were used, as part of our initiatives for responsible procurement of minerals (measures against conflict minerals). The results were reported to our customers.
We are also involved in work by industry organizations to establish effective procurement methods and increase understanding of this issue through presentations. AISIN Group will continue to promote responsible procurement of minerals by promoting appropriate procurement of resources and materials based on the following policy.
Policy on the procurement of minerals
To promote global mineral procurement that takes into account the impact on social issues such as human rights and the environment, we carry out initiatives to avoid the use of minerals that are defined as an issue under the laws and regulations of each country (Dodd-Frank Wall Street Reform and Consumer Protection Act in the USA, Conflict Minerals Regulation in the EU, etc.). We ask that our suppliers understand our stance on this issue and work with us on the responsible procurement of minerals. | https://www.aisin.com/en/sustainability/social/employee/respect/ |
Relevant Strategy Documents, Other Documents, and Communications.
Official documents of the intergovernmental organization designed to outline the policy plans, priorities, and principles in cybersecurity and cybersecurity-related matters.
- Recalls the African Union Convention on Cybersecurity and personal data protection (The Malabo Convention) and the recommendations of the First Ordinary Session of the Specialized Technical Committee on Communication and ICTs (STC-CICT-1)
- Identifies cybersecurity policy priorities for Africa, outlining:
- Strategic approach
- National cyber security framework
- Fighting all kinds of cybercrime at continental level
- Personal Data Protection
- Capacity building and awareness
- Enhancing Regional and International Cooperation
- Provides a set of recommendations on national, regional and continental level
Guideline documents that lay out common approaches, frameworks, best practices etc. pertaining to cyber policy.
- Developed jointly by the African Union Commission (AUC) and the Internet Society (ISOC) with contributions from regional and global Internet infrastructure security experts, government and CERT representatives, and network and ccTLD DNS operators in order to facilitate implementation of the the African Union Convention on Cyber Security and Personal Data Protection
- Aim to provide recommendations and promote principles and solutions to ensure that African Internet infrastructure security meets the requirements of users at large, and that all stakeholders have clear guidelines for achieving what is expected of them
- Put forward four essential principles of Internet infrastructure security:
- Awareness
- Responsibility
- Cooperation, and
- Adherence to Fundamental Rights and Internet Properties
- Provide recommendations to AU Member States aimed at strengthening the security of their local Internet infrastructure through actions at a regional, national, ISP/operator and organizational levels
- Developed jointly by the African Union Commission (AUC) and Symantec, as part of the Global Forum for Cyber Expertise (GFCE) Initiative, with additional support from the U.S. Department of State and the Council of Europe
- Incorporates the perspectives of African Union Commission Member State governments and online threat data from Symantec’s comprehensive cyber threat monitoring network
- Objectives:
- Provide an overview of cyber security and cyber crime related developments in Africa
- Assess the major trends around the world and on the Continent
- Take stock of the many advances made by government authorities as well as identifies some of the challenges in a rapidly connected and ICT-dependent world
- Explores cybersecurity trends including the overall professionalization of cyber crimes:
- Rise of Ransomware and Cryptolocker
- Social Media, Scams, and Email Threats
- Smartphones and the Internet of Things
- Business Email Scams
- Vulnerabilities
- Developed jointly by the African Union Commission (AUC) and the Internet Society (ISOC) with contributions from regional and global Internet infrastructure security experts, government and CERT representatives, and network and ccTLD DNS operators in order to facilitate implementation of the the African Union Convention on Cyber Security and Personal Data Protection
- Emphasize the importance of ensuring trust in online services, as a key factor in sustaining a productive and beneficial digital economy
- Offer guidance on how to help individuals take a more active part in the protection of their personal data, while recognising that in many areas, positive outcomes for individuals depend on positive action by other stakeholders
- Set out 18 recommendations, grouped under three headings:
- The foundational principles to create trust, privacy, and responsible use of personal data
- Eight recommendations for action by the following stakeholders
- Governments and policymakers
- Data Protection Authorities (DPAs)
- Data controllers and data processors
- Eight recommendations on the following themes
- Multi-stakeholder solutions
- Wellbeing of the digital citizen
- Enabling and sustaining measures
Statements distributed by organizations and/or organizational agencies outlining positions, commitments, action plans, obligations etc. in the area of cyber policy.
- Reaffirms commitment to the need for stability, for the safety of citizens and enterprises, confidentiality of online data security, through the AU Convention on Cybersecurity and Personal Data Protection
- Includes sections and provisions on:
- Internet Governance Principles
- Africa’s Participation in Internet Governance
- Development of Africa’s Digital Economy
- Management of Domain Names
- Global Internet Governance
- Adopted at the 850th meeting of the Peace and Security Council (PSC) of the AU held on 20 May 2019 on Mitigating the Threats of Cyber Security to Peace and Security in Africa
- Addresses the increasing cyber threats
- Underscores the needs for the AU Member States to:
- Undertake regular cyber security risk assessments and to further enhance their national cyber security capacities
- Redouble the investments in education and public awareness raising campaigns on the growing threat of cyber-crime
- Adopt a multi-disciplinary, multi-sectoral, multi-stakeholder and public-private partnership approachesin preventing and mitigating the risks posed by cyber-crimes
- Take necessary steps to own national information, ICT infrastructure, in order to reduce their vulnerabilities to cyber-attacks
- Encourages Member States to:
- Take full advantage of the various capacity building initiatives of the Global Forum on Cyber Expertise (GFCE)
- Establish synergies and enhance national, regional and continental coordination
- Harmonize their laws and excise mutual legal assistance in cases of cyber-crimes
- Issued in follow-up to the 627th meeting of the AU Peace and Security Council (PSC) held on 26 September 2016, in Addis Ababa
- The PSC and participants:
- Addressed the increasing global cyber threats and attacks
- Stressed the importance of regional and global frameworks for promoting security and stability in cyberspace
- Underscored the importance of promoting a culture of cybersecurity among all stakeholders
- Emphasized the need for the AU Commission to establish mechanisms and platforms, such as the regional forums dedicated to discuss cybersecurity issues
- Underscored the importance of regional and international cooperation in the promotion of security and stability in the global cyberspace
Relevant Specialized Agencies and Key Positions.
The official nodal agencies within the organization established or proposed to be established and designated with responsibilities for supporting processes related to cyber policy matters.
- Proposed by the Special Technical Committee (STC) on ICT in its Report to the Executive Council
- The STC's decision endorsed at the 32nd Ordinary Session of the Executive Council (EX.CL/Dec.987(XXXII)) on 25-26 January 2018
- Proposed general objective: to provide guidance and recommendations on Cyber policies and strategies to AU with the aim to adopt, monitor, prevent, mitigate and address current and emerging cyber threats and data misuse.
- Proposed responsibilities: to provide advice to AU on technical, policy, legal and other related Cyber security matters at a national, regional and continental levels
- The Committee will be called the African Union Cyber Security Expert Group (AUCSEG) and will be established by and report to the AU Commission / Department of infrastructure and Energy / Information Society Division
- Established in 2009 by the Decision of the AU Assembly (Assembly/AU/Dec.227(XII)) to reconfigure the previous structure of STCs
- Functions include:
- overseeing development and implementation of policies on access to information and freedom of expression
- overseeing promotion of the capacity of African media
- developing common African e-strategies
- discussing resource mobilisation and capacity building for implementation of the African Regional Action Plan on the Knowledge Economy
- promoting public investment in ICT infrastructure; and
- developing frameworks for ICT policy and regulation harmonisation in Africa
- The Second Ordinary Session of the STC CICT took place on 20-22 November 2017 in Addis Ababa, Ethiopia
- Coordinates the implementation of several Agenda 2063 infrastructure programmes and projects, including:
- Cyber Security: Incorporating emerging technologies in Africa’s development plans and ensuring their use for the benefit of African individuals, institutions and nation states by ensuring data protection and safety online
- Coordinates the implementation of the AU’s activities aimed at promoting, coordinating, implementing and monitoring programmes and policies at the regional and continental levels on:
- Infrastructure development
- Transport
- Energy resources
- ICTs (including cybersecurirty)
- Postal services, and
- Tourism
- Facilitates private sector initiatives on infrastructure development and advocating among development partners for programme implementation
Key positions pertinent to the cyber policy of the organization (or aspects thereof) and its implementation.
- The position of Commissioner for Infrastructure and Energy is currently held by H.E. Amani Abou-Zeid, Egyptian, who was elected for the term from January 30, 2016 to January 30, 2020
Regulations and Directives.
Rules and guidelines agreed upon by the organization related to cyber policy matters.
- Objective: setting the essential rules for establishing a credible digital environment (cyber space) and address the gaps affecting the regulation and legal recognition of electronic communications and electronic signature; as well as the absence of specific legal rules that protect consumers, intellectual property rights, personal data and information systems and privacy online
- Aims to set up a minimum standards and procedures to reach a common approach on the security issues in Africa and Address the need for harmonized legislations necessary to enhance cooperation in the area of cyber security in Member States of the African Union
- Requires member states to develop a national cyber security policy and appropriate institutional mechanism for governance; legislation and institutions against cybercrime; ensuring monitoring and a response to incidents and alerts, national and cross-border coordination and global cooperation
- Major sections include:
- Part I: Organization of Electronic Commerce
- Part II: Protection of Personal Data
- Part III: Promoting Cyber Security And Combating Cyber Crime
- Part IV: Common And Final Provisions
- As of June 2019, signed by 14 AU Member States and ratified by 5 Member States
- Proposal of a Convention seeking to harmonize African cyber legislations and establishing a credible framework for cybersecurity in Africa through organization of electronic transactions, protection of personal data, promotion of cyber security , e-governance and combating cybercrime
- Objective: to contribute to the preservation of the institutional, human, financial, technological and informational assets and resources put in place by institutions to achieve their objectives
- Geared to protecting:
- Institutions against the threats and attacks capable of endangering their survival and efficacy
- The rights of persons during data gathering and processing against the threats and attacks capable of compromising such rights
- Seeks to:
- Reduce related institutional intrusions or gaps in the event of disaster
- Facilitate the return to normal functioning at reasonable cost and within a reasonable timeframe
- Establish the legal and institutional mechanisms likely to guarantee normal exercise of human rights in cyber space
- The proposal of the Convention was not adopted
Relevant Meetings, Activities, and External Cooperation.
Conferences and dialogues related to cyber policy matters carried out by the regional, sub-regional or multilateral organization.
- Organized and conducted by Department of Infrastructure and Energy Information Society Division
- Covered the following topics:
- National and regional cyber strategies
- CERTs/CIRTs
- National and regional cyber legislation and regulatory frameworks
- Jointly organized by the African Union Commission and the Council of Europe’s Cybercrime Programme Office as a part of ongoing collaboration between AU and CoE, with support from the European Union through the project “Joint EU-CoE Global Action on Cybercrime extended” (GLACY+)
- Objectives:
- to bring together the diplomatic community of the African countries
- to discuss cybersecurity matters, and
- further raise awareness on the importance of political, legislative and diplomatic efforts, cooperation and commitment necessary in tackling the inherent cross-border nature of cyber-attacks and cyber crime
- The focus was dedicated to legal instruments for cooperation between States, such as, on the regional level, the African Union Malabo Convention and, on the international level, the CoE Convention on Cybercrime (Budapest Convention)
- Provided an introduction on the impact of the use of digital technologies and Internet on the conduct of diplomacy (e-diplomacy), as well as an overview of international and regional policy discussions and debates over cyber security and cybercrime issues
- Organised by the African Union Commission in collaboration with the ICT for peace Foundation (ICT4Peace)
- Aim and subject: to address the Misuse of ICTs and their potential implication on the national and international security and stability
- Objective: to familiarize African diplomats with the on-going international discussions to acquire a deeper understanding of the most important areas of diplomatic negotiations for a secure and open cyberspace, such as:
- the application of the international laws for cyberspace
- norms of responsible state behaviour and confidence building measures (CBMs) in cyberspace
Legally binding and non-legally binding agreement(s) and initiatives related to cyber policy matters undertaken by the organization with non-member States and other organizations.
- Issued at the closing of the Third Forum on China-Africa Media Cooperation in Beijing, China
- Three areas of focus identified in the agenda of the China-Africa comprehensive strategic partnership: | https://unidir.org/cpp/en/organizations/africanunion |
In this section you will find information about:
WHAT ARE HUMAN RIGHTS?
Human rights are universal legal agreements that protect individuals and groups against actions and omissions that affect their freedom and human dignity. These are basic minimum standards, based on human needs, such as the right to health, a decent home, a quality education or a job in acceptable conditions.
International human rights law establishes States’ obligations to act in certain situations, or to refrain from acting in a certain way, in order to promote and protect the human rights and fundamental freedoms of individuals or groups of people. The actions of companies, like those of any non-state actors, can affect the enjoyment of human rights by others, both positively and negatively. Companies can affect the human rights of their employees, their customers, the people working in their supply chains or the communities settled around their area of activity.
Experience shows that companies can violate human rights when they do not pay enough attention to the existence of that risk and how to mitigate it.
Human rights are universal and inalienable
Human rights are inherent to all people, regardless of their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other condition. We all have the same human rights, without any discrimination, that is, all people are born with the same human rights in any place, at any time, for the mere fact of being people, and they cannot be relinquished.
Human rights are indivisible and interdependent
That is, all rights are equally necessary for the life and dignity of a person, and are related to each other. There is no possibility of dividing them into categories that prioritize some over others, since they are all equally important. The realization of a right in many occasions depends on the parallel realization of others.
WHAT ARE THE UN GUIDING PRINCIPLES?
In June 2011, the Human Rights Council of the United Nations approved the UN Guiding Principles on Business and Human Rights presented to it by the Special Representative of the Secretary-General of the United Nations, Professor John Ruggie.
The Guiding Principles have been integrated into principal standards and international codes of business conduct such as the OECD Guidelines for Multinational Enterprises or the Performance Standards of the International Finance Corporation. On the other hand, the Renewed Strategy of the European Union for 2011-2014 on Corporate Social Responsibility dedicated a section to the application of the Guiding Principles, in which it urged its Member States to develop national plans for their implementation. In this regard, last July, the Council of Ministers of the Spanish Government approved the National Action Plan for Business and Human Rights, which takes these Principles as a framework for action. In addition, Directive 2014/95 / EU of the European Parliament and Council, of 22 October 2014, on the disclosure of non-financial information and information on diversity by certain large companies and certain groups, has established the obligation for large companies to include in their management reports, a non-financial statement that contains information, insofar as it is necessary to understand the development, results and the situation of the company, and the impact of its activity on people.
The Guiding Principles are governed by three pillars:
1. The duty to Protect by states,
2. The duty of Respect for human rights by companies, to prevent and mitigate any damage related to their operations and business relationships, and
3. The joint duty to provide mechanisms to Remedy human rights abuses.
The Guiding Principles urge companies to establish a due diligence process that begins with the identification of real and potential impacts, the design of a specific policy on the matter and the creation of repair mechanisms, in order to prevent, mitigate and overhaul the real and potential impacts of their activities in all the territories they operate and in all their commercial relationships.
[For more information you can consult the document: Guiding Principles on Business and Human Rights.]
DEFINITIONS OF KEY CONCEPTS
Transversal issues
These are issues that are relevant to all the stakeholders with which the company associates, such as corruption and bribery, fiscal responsibility, transparency, data protection or cybersecurity, which apply to all types of people and businesses, regardless of their size, sector and context of operation.
Resources and Real Estate
It refers to the material resources and property (movable and immovable) assets that the company has for the development of its operations.
Supply chain
We can call the supply chain the way in which the materials and / or services flow throughout different organizations, entities or people, from the raw materials to the delivery of the finished products to the client (the final consumer). It integrates all the companies that participate in the production, distribution, handling, storage and commercialization of a product / service and its components.
Value chain
The company's value chain covers the activities that convert supplies into a value-added product. It includes the persons, entities and organizations with which it has a direct or indirect commercial relationship and that (a) provides products or services that contribute to the company's products or services or (b) receives products or services from the company.
Direct customers
People, organizations or entities that use the services and / or products of the company, especially those that do it regularly. These are recipients of goods, services, products or ideas, in exchange for money or another item of value.
Indirect customers
They are those who will benefit from the products or services of the direct customer.
Context of Operation
The context of operation or operational context of the company is the place in which the company carries out business activities. It can refer to a country, region within a country or a local area.
Communication
Clarity about the process related to the policy, norm or mechanism that regulates the issue and who is responsible for managing the process.
Due Diligence in human rights
It is a continuous risk management process that a reasonable and prudent company must follow to identify, prevent, mitigate and account for how it manages negative impacts on human rights. It includes four key steps: evaluation of real and potential impacts of human rights; integration and action on results; follow up on the responses; and, communication about how impacts are managed.
Human Rights
The basic international standards aimed at guaranteeing dignity and equality for all. Every human being has the right to enjoy them without discrimination. They include the rights contained in the International Bill of Human Rights - Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. They also include the principles relating to fundamental rights set forth in the Declaration of the International Labor Organization on the Fundamental Principles and Rights at Work.
Frequency
Number of times there is an issue in a period of time (day, month, year...).
Gravity
A negative impact on human rights that is serious by virtue of one or more of the following characteristics: its scale, scope and remediability. Scale, means the seriousness of the consequences on human rights. Scope, the number of people who are or could be affected. Remediability, means the ability to return the affected people to a situation equal or similar to the situation of the enjoyment of their rights before suffering the damages.
Interest groups
Any person or organization that may affect or be affected by the actions and decisions of the company. The primary focus must be on the people or groups of interest affected, or potentially affected, that is, people whose human rights have been or may be affected by the company's operations, products or services. Other interest groups are, for example, the legitimate representatives of potentially affected stakeholders, trade unions, as well as civil society organizations and others with experience and knowledge related to the company's impacts on human rights.
Negative impact on human rights
A negative impact on human rights occurs when an action eliminates or reduces a person's ability to enjoy their human rights.
Market
The market is a mechanism through which buyers and sellers interact to determine prices and exchange goods and services.
Mitigation
The mitigation of a negative impact on human rights refers to the measures adopted to reduce the degree of impact. Mitigating a human rights risk refers to the measures taken to reduce the likelihood of a potential negative impact.
Own business
Businesses developed with the company's own capital.
Rules
Specific rules that must be followed or to which the behaviors, tasks or activities in an organization must be adjusted in order to carry out compliance with an issue.
Prevention
The prevention of a negative impact on human rights refers to the measures taken to ensure that the impact does not occur.
Policies
Set of general criteria that guide the decision making in the company regarding a matter.
Processes
Set of logically related tasks that exist to manage the policy, norm or mechanism at local and / or holding level, that operate and manage the affairs in the company.
Resources
Budget, time and personnel to manage an issue.
Business relationships
It is about the relations that the company has with its partners, entities in its value chain and any State or non-state entity directly related to its operations, products or services. They include indirect relationships in their value chain, beyond the first line, as well as positions of minority or majority participation in joint ventures.
Relevance
Importance given to an issue.
Remediation
It refers to the process of providing remediation for a negative impact on human rights and the substantive results that can counteract, or compensate, the negative impact. These results can take a variety of forms, from apologies, restitution, rehabilitation, financial or non-financial compensation and punitive sanctions (whether criminal or administrative, such as fines), as well as the prevention of damages through, for example, precautionary measures or guarantees so they do not repeat themselves.
Responsible official
Person(s) in charge of managing the processes that operate and manage a certain issue in the company.
Responsibility to respect human rights
It is the responsibility of the company to avoid infringing on the human rights of people, and to address and manage the negative impacts that may be involved, as established in the UN Guiding Principles on Business and Human rights.
Business partner
They are entities with which the company has some form of direct and formal relationship in order to meet its business objectives. This includes, but is not limited to, contractual relationships. Examples include joint venture partners, suppliers, dealers or licensees, business clients, customers, governments, suppliers, contractors and consultants.
Affected third parties
A person or persons whose human rights have been or may be affected by the operations of the company, products or services.
Worker or employed persons
A person who performs work for a company, regardless of the existence or nature of any contractual relationship with the company. | https://www.bizandhumanrights.com/iberdrolakeyconcepts |
AGCO Finance respects human rights and does not wish to be involved in matters that infringe upon human dignity. These rights comprise of both human rights as defined in international treaties and employment rights, regarding work, the workplace and working relationships.
The business is strongly opposed to any form of human trafficking, exploitation or forced labour and expect the same of our customers and business partners.
In March 2019 the business adopted a Modern Slavery Policy bringing together several policies and processes aimed at ensuring that business is conducted in an ethical manner and showing our commitment to being a transparent organisation.
These policies and processes form the first line of defense in the group’s approach to modern slavery.
Code of Conduct: the standard to be followed in regards to rules, responsibilities and values that are expected from all members.
Global Environmental, Social and Governance Policy: a global framework and principles to identify, manage and monitor ESG risk related to all Business relations.
Recruitment: the recruitment checks completed in order to validate the eligibility of workers for UK employment.
Whistleblowing policy: the steps to take when a member wants to raise a concern without fear of repercussion.
Due Diligence: carrying out of appropriate levels of due diligence on both our business partners and customers; including periodic and event driven reviews.
The business performs an annual risk assessment to identify and address potential high risk areas in the supply chain from a modern slavery perspective. | https://www.agcofinance.com/en/who-we-are/modern-slavery-statement |
In the summer of 2013, the international and domestic human rights and intelligence communities broke into a frenzy following the disclosure by a former employee of the US National Security Agency (NSA) of documents regarding surveillance of private electronic communications by the US and other governments. While the practice of electronic surveillance was widely known previously, the 2013 revelations brought to light the staggering amount of data collected – reaching 97 billion pieces of intelligence from computer networks worldwide in March 2013 alone1 – and, importantly for the purposes of this article, the extent of involvement by internet and service providers (ISPs) in the process.
Responsibility for electronic surveillance lies first and foremost with the government conducting or demanding it,2 and has been addressed primarily in those terms.3 The present article addresses a less discussed aspect of the matter, namely the responsibility under international human rights standards of the ISPs involved in disclosure to government authorities of clients’ personal data and communications.4 By acting in partnership with the government, ISPs may become complicit in violations of the right to privacy. The article thus touches upon one of the often-mentioned manifestations of the universalisation of international law, namely the attempt at expansion of human rights obligations to corporations.
Interest in accountability of ISPs for involvement in governmental surveillance is not an entirely new phenomenon. Since the mid-2000s ISPs have been accused of complicity in governmental violation of human rights in China, including through disclosure of client data, which in some cases has led to arrests of political dissidents.5 In some cases legal proceedings have been brought against ISPs for complicity in governmental action that violated human rights. Pursuit of ISPs’ legal responsibility raises a variety of questions of principle, ranging from the applicability of human rights law to corporations, to delineating the extent of involvement by a corporation in the violation of rights that would constitute complicity. This article considers some of these questions in the context of the special character of ISPs and explores the implications possible answers would have.
Part 2 sets out the factual background to the article, namely the phenomenon of electronic surveillance through ISPs as an infringement of the right to privacy under international human rights law. Part 3 describes the manner in which this framework has been extended to corporations on a non-binding basis through the UN Guiding Principles on Business and Human Rights (UN Guiding Principles or UNGP). Part 4 looks more closely at the framework applied to corporations, highlighting the idiosyncrasies of ISPS against the premises of the UNGP’s framework. Parts 5 through 7 examine the consequences of these idiosyncrasies for ISPs concerned with ensuring the right to privacy of their clients and their communications: Part 5 focuses on the fact that ISPs operate under the domestic law of states; Part 6 considers various policies and measures which ISPs can take to ensure the privacy of their clients, taking note of how the special characteristics of ISPs’ operations relate to the premises of the UNGP, such as the role of financial incentives; and Part 7 examines measures that ISPs can take to prevent violations of the right to privacy.
2. The right to privacy and electronic surveillance
Privacy is the presumption that individuals have an area of autonomous presence and action, with or without interaction with others, which is free from excessive state or other unsolicited intervention. The right to privacy is also the ability of individuals to determine who may have information about them and how that information is to be used. Privacy in communication entails that individuals can exchange information and ideas in a space that is beyond the reach of all others; that they can verify that their communications are sent and received only by their intended interlocutors; and that they can maintain anonymity, which allows free expression without fear of retribution or condemnation.6
As communications of all types is increasingly conducted online, some have questioned the relevance of the notion of privacy. It has been argued that the conveyance and exchange of personal information via electronic means is a conscious compromise, in which individuals voluntarily surrender previously private information in return for digital access to their choice of goods, services and information. In light of this voluntary deal, it has been suggested that the accessing and interception by governments through mass security surveillance is not an infringement on the privacy of affected individuals.7 The UN High Commissioner for Human Rights has rejected these propositions, stating that they reveal a limited appreciation of the right to privacy and of the legitimate parameters for security surveillance.8 Moreover, these approaches assume that clients can refuse to surrender information and forego the use of electronic means of communication. In the present state of technological dependency, such refusal would effectively mean foregoing significant social interaction, to such an extent that it cannot, in fairness, be offered as an option.
Disclosure and collection of internet and other communication data encroach directly on individuals’ right to privacy. It consequently also impacts on their freedom of expression and association. Indirectly, disclosure and collection of data may affect other rights, such as liberty and bodily integrity. Yet, since many such rights may be subject to limitations, disclosure of data does not necessarily amount to a violation of the right to privacy (or other rights). Such limitations may include state surveillance measures for the purposes of administration of criminal justice, prevention of crime or protection of national security. However, such interference is permissible only if it takes place under a law that clearly outlines the conditions whereby individuals’ right to privacy can be restricted; measures encroaching upon this right must be taken on the basis of a specific decision by a state authority expressly empowered by law to do so, usually the judiciary; and they must respect the principle of proportionality.9
Governmental collection of data from ISPs takes place under various frameworks, such as executive orders for disclosure or for direct access to the data, contractual relations, as well as through covert operations. Some governments require device manufacturers and network management companies to install software that allows surveillance and monitoring of communications. In Russia, for example, internet suppliers are obliged to buy and install surveillance equipment, granting the government direct and unlimited access to all electronic data.10 Russian communication law already obliges internet service providers to disclose all information required by law enforcers and the administrative code details the fines that are levied for failure to do so.11 In other jurisdictions, such as in the US and in EU member states, government often require that data collected by the companies be shared with it.12 For example, the leaked documents revealed that the telephone company Verizon had been ordered to hand over all metadata associated with all telephone communications originating or terminating within the US, as well as calls wholly within the US. Another major revelation regarding the US surveillance activity was the existence of the PRISM program. The full parameters and capacities of PRISM remain unclear, but at its most innocuous, PRISM appears to be a database capable of interacting directly with the networks of participating ISPs through a series of portals whose specific features and capacities are negotiated and developed with each participating company. Orders for clients’ data are issued under the Foreign Intelligence Surveillance Act and sent to the respective companies, who review them and make use of the portal to respond to the orders electronically. Various reports describe PRISM as providing access to emails, online chats (video and voice), photos, file transfers, search queries, online social networking details and more.13
While lack of commitment to privacy and freedom of expression in China and Russia perhaps surprises few (China is not party to the ICCPR),14 the 2013 revelations on data gathering by US and other governments has had that effect. The surprise could be dismissed as a show of naïveté,15 grounded in misconceptions as to how far governments would go in pursuit of national interests, and what constitutes a ‘human rights-friendly’ jurisdiction. With respect to the latter, data disclosure illustrates an interesting shift: Standard indicators of risks to human rights, which include political instability, corruption, systematic state disregard for human rights, socio-economic factors, lack of access to effective remedy, and the existence active or latent conflict,16 would largely exclude North America and Western Europe.17 Encroachment on electronic data privacy, however, is the malaise of rich, developed states, where electronic communication usage is highly pervasive.18
That said, one must acknowledge that the criticism of the encroachment on the right to privacy in China and Russia does differ from the criticism regarding Western states on more ‘traditional’ analytical grounds: In the former case, the encroachment on privacy is perceived as facilitating repression of political dissent and persecution of human rights defenders,19 goals which international human rights law does not view as legitimate grounds for limiting rights. The demands by Western governments, on the other hand, are in pursuit of a legitimate purpose, namely the protection of national security or law enforcement, and the critique is not so much on the permissibility of surveillance activity in principle, as it is on its extent in practice.
3. Extending human rights responsibilities to corporations
Interest in control over the activities of corporations emerged in the 1970s as part of the vindication of the New International Economic Order put forward by developing countries in order to revise the international economic system in their favour, focusing on transnational activity. Developed states were interested in protecting their corporations against discriminatory treatment in developing states, while developing states were interested in ensuring that transnational corporations did not interfere in their sovereign pursuit of economic objectives.20 Moreover, there was concern regarding the impact of multinational corporations based in Europe and North America, which established manufacturing subsidiaries in developing countries in order to benefit from cheap labour and raw materials.21 In 1976 the Organisation for Economic Co-operation and Development adopted the Guidelines for Multinational Enterprises (OECD MNE Guidelines). For over three decades, these guidelines were the only comprehensive, multilaterally endorsed code of conduct for multinational corporations.22 The debate concerning the responsibilities of business in relation to human rights intensified in the 1990s, as transnational production expanded into increasingly difficult areas.23 As a result, in 1995 work began under the auspices of the UN Commission of Human Rights to develop standards to regulate the activities of transnational corporations. Early attempts at this endeavour24 failed, largely due to the refusal of powerful corporations to subject themselves to legally-binding obligations. In 2005, in an attempt to move beyond the stalemate, then-UN Secretary-General Kofi Annan appointed John Ruggie as Special Representative to clarify the roles and responsibilities of states, corporations and other social actors in the business and human rights sphere. Ruggie’s work culminated in 2011 with the presentation of the UN Guiding Principles, which were endorsed by the Human Rights Council.25 The Guiding Principles are based on extensive research and consultations with representatives from government, business and civil society, including trade unions, NGOs and legal and academic experts, across all continents.
The UN Guiding Principles establish the Protect, Respect and Remedy framework, which rests on three pillars: first, the state’s duty to protect against human rights abuses by third parties; second, the corporate responsibility to respect human rights, namely to act with due diligence to avoid infringing on the rights of others and to address adverse impacts that occur; and third, greater access by victims to effective remedies, both judicial and non-judicial. Under the Framework, the primary responsibility under human rights law remains with states. It is states that are under a duty to protect against human rights abuses committed by third parties, including corporations. In contrast, corporations are not directly bound by international human rights law. Rather, they have a non-legally binding responsibility to respect human rights. This responsibility applies across the corporations’ business activities and through their relationships with third parties connected with those activities.
The UN Guiding Principles embody a certain consensus on a global standard of expected conduct. They have been incorporated and acknowledged by other soft-law instruments on corporate responsibility, such as the revised OECD MNE Guidelines of 2011, the International Finance Corporation’s Performance Standards and the International Organization for Standardization’s ISO 26000 Social Responsibility Guide; and there are numerous other platforms acting to integrate human rights policies into corporate governance which have adopted standards that go beyond the UN Guiding Principles. For example, the UN Global Compact, launched in 2000, calls on corporations to make a general commitment to support, respect and promote internationally recognized human rights and to avoid complicity in human rights abuses by governments of states in which they operate.26 The Global Compact is addressed directly to corporations, and has been signed by over 10,000 businesses.27
Another platform of particular interest in the present context is the Global Network Initiative (GNI). It is a group of companies, civil society organizations, investors, and academics that has adopted a collaborative approach to protect and advance freedom of expression and privacy in the data and communication technology sector. Participant corporations are Evoca, Facebook, Google, Microsoft, Procera Networks, Websense and Yahoo.28
The term ‘responsibility’ rather than ‘duty’ indicates that the framework does not impose legal human rights obligations directly on corporations, although elements of the framework may be reflected in domestic laws. Indeed, a crucial element for the acceptance of the UN framework was that the responsibility of corporations remain non-binding, to the exclusion of the secondary issues of liability and enforcement. The present article, however, focuses on the substantive content of the responsibility rather than on its enforceability.29
4. Changing relationship between state and corporations
According to the UN Guiding Principles, ‘[t]he responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts’.30 Despite this universal formulation, the drafting of the UN Guiding Principles was informed by particular types of corporate activity that brought about direct and adverse human rights conditions. These were transnational, labour-intensive textile industries, and transnational corporations involved in exploitation of natural resources. These corporations’ operations and relationships with governments have been fundamental to shaping the Guiding Principles. While these operations and relationships may be applicable to many corporate sectors and activities, they do not exhaustively cover all potential corporate involvement in human rights abuses. Specifically, the issues arising with respect to ISPs acting under executive orders are very different from those that arise with respect to the transnational corporations, whose conduct generated the activity which led to the Guiding Principles.
First, regulation of transnational corporate activity has always been perceived as a necessary response to the increasingly autonomous and unconstrained operation of corporations. Because of the financial strength of these corporations, host governments have proven unwilling and unable to impose and enforce human rights standards on them through domestic law. By applying human rights standards directly on corporations, the Guiding Principles aim to fill the gap in compliance, notwithstanding the continuing obligation of states to protect individuals from harm by third parties, including corporations. But in contrast with the corporations described above, the conduct of ISPs in the context of disclosure of data is not outside the realm of governmental control, but, on the contrary, directly within it: the companies in question are acting in compliance with governmental orders authorized by law. The governments in question are able and very much willing to impose domestic law on these corporations, but it is precisely that law which jeopardizes the enjoyment of human rights.
A related novelty is that while ISPs are not the initiators of potential violations, they are nonetheless in a unique position to prevent or mitigate them. This is first and foremost because the content of the demand for disclosure is confidential, as is, sometimes, the very existence of the demand. Potential victims are therefore not aware of their vulnerability. ISPs are at times the only actors who can raise the alarm when rights are at risk of being violated. In addition, a potential violation may be evident only in light of the massiveness of the data-gathering, the impact of which only the ISPs are in a position to gauge. Since ISPs are the keepers of the data sought, their ability to prevent and avoid government interference is furthermore crucial for the safeguarding of rights. This aspect of the relationship is significant with respect not only to disclosure mandated by law, but also to covert tapping of data.
Another difference between ISPs and the corporations whose activities generated the international debate leading to the Guiding Principles is the significance of transnational activity. The ‘traditional’ activity informing the drafting of the UN Guiding Principles consisted of corporations registered in one country and operating in another.31 In the case of Western corporations in the textile industry for example, transnational production is crucial for profitability, inter alia because it permits evasion of costly compliance with human rights standards which would be imposed in home states. Extraterritoriality has thus permitted evasion of the applicability of stringent human rights standards. In the case of ISPs, transnational activity plays an entirely different role. It does not relocate production activity, but increases the market for the services and products that ISPs sell.32 Moreover, clients’ right to privacy is at risk within the home state no less than elsewhere. Thus, relocation abroad may be a means for ISPs to shield clients from invasion of their privacy rather than to expose them to violation of their rights. In both cases, extraterritorial activity evades governmental control. The difference is that in the latter case the control is perceived as rights-protecting, while in the former it is rights-infringing.
Finally, if ‘traditional’ abuse of human rights by corporations was incentivized by profit seeking, it is now acknowledged that the relationship between human rights compliance and financial profit is more complex. Certainly, ISPs may profit from the violation of clients’ rights, or at least from collaboration with the government, whether directly in those cases where the ISP is reimbursed or paid for providing the data requested,33 or indirectly where collaboration with the government incentivizes the latter to make the ISP lucrative business offers in future.34 But complicity in human rights abuses can also lead to bad publicity and to consumer backlash, thereby undercutting profitability. Adherence to human rights standards may therefore be a rational economic choice for corporations and not only a moral choice.35 ISP compliance with executive orders that jeopardise the right to privacy may be unprofitable even in the immediate term. At the same time, in order to minimize vulnerability to executive orders, ISPs would have to compromise profit in the immediate term (for example by refusing to comply with executive orders under pain of contempt of court, or by refraining from the collection of data at the risk of losing advertising income which builds on the use of that data). The profit-compliance calculus therefore takes on new dimensions.
Combined, these factors call into question the suitability of the accepted framework for corporate responsibility as developed so far to ISPs involved in data disclosure. Analysis of the obstacles in this context can serve to illustrate a wider issue, namely the limitations of the Protect, Respect and Remedy Framework in co-opting corporations into human rights compliance. The remainder of this article examines how ISPs may fulfil their responsibility to respect clients’ privacy. It considers how such measures correspond to the underlying premises of the Framework.
5. Applying the Protect, Respect and Remedy Framework to actors subject to domestic law
UN Guiding Principle 13 states that the responsibility to respect human rights requires that business enterprises:
- Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur;
- Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.
These provisions cover a wide array of manners in which corporations may undesirably become involved in the perpetration of human rights abuses by other actors.36 The UNGP do not define or establish specific criteria for conduct that constitutes ‘contribution’ or a ‘direct link’. In the terms of the classification adopted by the Global Compact and endorsed by the Special Representative during the preparatory work on the Protect, Respect and Remedy Framework,37 ISPs are at risk of being in direct complicity with the government, when they knowingly provide goods or services that assist the state in a violation.38 From this it follows that the primary responsibility of corporation, if not the only one, is to refrain from certain actions. That is nonetheless difficult when domestic law imposes an obligation to collaborate with the government. In fact, ISPs accused of complicity in government violations of the right to privacy and other rights have cited the obligation to comply with domestic laws as their defence.39
Under international law, domestic legal constraints are no excuse for non-compliance with international law.40 However, this rule is grounded in an understanding of the law as applicable to states. Implicit in this rule is the ability of the state to avoid conflict by amending its domestic law which conflicts with the international norm. The same cannot be said with respect to corporations. Those may be bound by a domestic norm which is inconsistent with international human rights law, and they do not have the capacity to change this norm. This difference may bear on the responsibility of corporations.
The notion of a non-state actor being bound by conflicting norms under domestic law and under international law is no longer a novelty. For example, under international criminal law, a legal obligation to obey orders may relieve a person from criminal responsibility, provided that the person did not know that the order was unlawful, and the order was not manifestly unlawful,41 or mitigate the severity of the punishment.42 The question is whether an analogy ought to be made from criminal responsibility to the non-legal responsibility of corporations. The former concerns criminal conduct, while the latter concerns conduct that aside from being regulated by non-binding norms, is not necessarily criminal in nature. One argument may be that if concessions are made for the benefit of criminals, they surely must be made for the benefit of less serious violators. On the other hand, the consequences of compliance with unlawful orders under criminal law, namely criminal sanctions, are potentially harsher than the consequences of compliance by a legal person with unlawful non-criminal domestic law, and therefore concessions are more called for in the former case. Another matter is the fact that the illegal character of a norm violating international criminal law is likely to be discernible (even if not manifest), while compliance or violation of human rights standards are ultimately dependent on value judgments; if a defence of compliance is available in the former case, to a person who committed an international crime, a fortiori it should be available in the latter case, to a legal person which violated human rights standards. On the other hand, the nature of corporate activity is such that corporations are more likely than individuals to be involved in repeat conduct that may amount to violation of rights. This may impact on the credibility of a claim of good faith by the corporation. In conclusion, it is difficult to argue that corporate responsibility for violations of international human rights law should be necessarily stricter or more lenient than the individual responsibility for violations of international criminal law.
One might suggest that the introduction of non-state actors into the world of human rights obligations justifies an entirely different approach, namely the revision of the human rights interest-balancing process, to accommodate the different functions of the various types of actors. Such a revision could include ‘compliance with domestic law’ as a legitimate ground for encroaching on rights so as to relieve the non-state actor of the burden of conflicting obligations. This proposition is objectionable on a number of grounds. First, as a matter of policy, ‘compliance with domestic law’ as a ground for permissible limitations (by corporations) on rights (of individuals) is problematic, since it exacerbates the already existing incentive for states to delegate their authority to other actors in order to evade their own responsibility.43
Second, it is questionable whether such a ground responds to the difficulty described above, given that the ability of corporations to rely on it is limited. This is related to the fact that corporations are in a vertical relationship with the state, and suffer from lack of information. The examples offered by the UN Guiding Principles (drawing on the Global Compact) are such where the existence of the violation is quite evident: the forced relocation of peoples in circumstances related to business activity, suppression of a peaceful protest against business activities or the use of repressive measures while guarding company facilities, systematic discrimination in employment law against particular groups on the grounds of ethnicity or gender.44 In contrast, collaboration in surveillance by the government is not so patently a violation of the right to privacy. The primary difficulty for the corporation to evaluate the legality of disclosure is not the legitimacy of the purpose of the surveillance (national security) but its proportionality to the injury that is caused. For an ISP to determine whether disclosure of information to the government would be in line with its human rights responsibilities, it must know the purpose of the governmental demand, the potential benefit which can accrue to the government from the disclosure, and the harm that is likely to be caused to the client whose data is disclosed. But ISPs are not privy to the state’s information or to its assessment of the situation, concerns or intentions. Consequently, ISPs cannot evaluate whether their own conduct would be in compliance with human rights standards or not.
Again, guidance might be sought from other situations in which one actor may incur responsibility through its cooperation with another actor, whose conduct it cannot control. For example states that extradite or deport individuals may be exposing those individuals to risk of rights violation by the states of destination. However, the relationship between the sending state and the state of destination is horizontal. Thus, where the question of potential violations of human rights by a state of destination arises, international law does indeed place limitations on the scope of permissible conduct, through the principle of non-refoulement,45 or through the prohibition on the deportation or extradition of a person to a state where he or she would be in real risk of being subject to torture46 or of a flagrant denial of justice.47 Furthermore, states are able – and are required – to exercise discretion as to whether to cooperate with other states. They may request assurances and guarantees that no violations would occur, and they can evaluate the credibility of those assurances. Corporations do not have the same luxury, since they operate within a vertical relationship, under a domestic legal regime, which they are not empowered to modify. They should therefore not be encumbered with the responsibility for the conduct of the state.
Resolving the quandary of corporations being simultaneously bound in opposite directions is not a matter merely of a policy choice. If the responsibility of corporations is to be made legally binding, it would require a restructuring of international human rights law to accommodate a new level in the hierarchy of relationships:48 still inferior to the state but no longer on par with individuals who are potential victims. The presently non-binding character of the Framework enables this matter to remain unaddressed. However, the practical challenges to the Framework will have to be addressed if the coherence of the international human rights legal regime is to be preserved.
The UN Guiding Principles provide that corporations should ‘[c]omply with all applicable laws and respect internationally recognized human rights, wherever they operate’ and ‘[s]eek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements’.49 Similarly, the OECDE MNE Guidelines provide that corporations ‘should not and are not intended to place an enterprise in situations where it faces conflicting requirements. … [I]n countries where domestic laws and regulations conflict with the principles and standards of the Guidelines, enterprises should seek ways to honour such principles and standards to the fullest extent which does not place them in violation of domestic law’.50 These formulations offer two directives: first, they acknowledge the conflicting requirements facing corporations and concede the need to comply with domestic law. So long as the standards are not binding, it is only natural that domestic norms, which are binding, would take priority; should the UN Guiding Principles (or other standards) develop into binding law, the point of balance may change. For example, in light of the difficulties facing corporations, it is arguable that the obligation to comply with domestic law should be given some significance in assessing their conduct in terms of international human rights standards. It is not proposed that a domestic legal obligation be viewed as permitting a violation of rights, but it may excuse it (to borrow a term from criminal law).51 This distinction clarifies that the domestic law itself does not justify violation of international law, but the conflict of commitments exempts the corporation from responsibility; correspondingly, the state, which faces no such conflict, cannot rely on its domestic law to justify its conduct. Furthermore, it may be that where the violation is egregious and manifest, the corporation too would not be exempt from responsibility, in the same manner as an individual is not exempt from criminal liability in the case complying with manifestly unlawful orders. In this vein, the UN Guiding Principles provide that corporations should ‘[t]reat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they operate’,52 indicating that certain conduct may amount to violation of the law, whether domestic or international.
Secondly, these formulations suggest that a corporation might be required to take positive steps to ensure the privacy of its clients. GNI has drafted Principles on Freedom of Expression and Privacy, which expressly state that ‘Information and Communications Technology (ICT) companies have the responsibility to respect and protect the freedom of expression and privacy rights of their users’.53 The Principles expressly address the context of governmental demands for data disclosure, stating that ‘[p]articipating companies will respect and protect the privacy rights of users when confronted with government demands, laws or regulations that compromise privacy in a manner inconsistent with internationally recognized laws and standards’.54 There are various ways by which corporations can avoid or minimize potential conflict between the disclosure orders under domestic law and international standards for the protection of clients’ privacy. The appropriateness of measures would depend on the specific circumstances, including their relevance to the particular state environment, and to the capacity of the ISP. The following is a discussion of some such measures.
6. Measures to avoid causing or contributing to violation of the right to privacy
6.1 Exhausting domestic procedural requirements
It has been noted above that ISPs do not have the capacity to evaluate the lawfulness of demands made upon them in terms of their necessity and proportionality. But they do have the capacity to evaluate the compliance of demands with procedural requirements. At times, this is a sufficient measure to thwart demands, since those are not always made in full compliance with formalities.55
At a minimum, ISPs should practice strict adherence to the procedures provided by the law authorising the executive demand.56 Such an approach is practicable for any corporation, since it requires a minimal investment of resources (which is the main factor in evaluating practicability of a measure), both when compared with the benefit that could accrue to the client, and in absolute terms. Both the Global Compact57 and the GNI Implementation Guidance call on corporations to request clear communications, in writing, that explains the legal basis for government demands for personal data including the name of the requesting government entity and the name, title and signature of the authorized official.58 In this spirit, Yahoo! has reported that it employs rigorous procedural protections under applicable laws in response to government requests.59 Specifically with respect to China it reported that when it had operational control of Yahoo! China it60
took steps to make clear our Beijing operation would comply with disclosure demands only if they came through authorized law enforcement officers, in writing, on official law enforcement letterhead, with the official agency seal, and established the legal validity of the demand. Yahoo! China only provided information as legally required and construed demands as narrowly as possible. Information demands that did not comply with this process were refused. 61
What the law requires may be controversial. In the US, for example, courts have rejected the government’s interpretation of relevant legislation. While, as discussed below, ISPs may not always be in a position to challenge the validity of a disclosure order, they may have a choice of adopting a more restrictive interpretation of the law than the government has adopted.62
6.2 Informing clients about government data requests
Unless they are gagged by law or a court order, ISPs should inform clients of government orders relating to them personally. Ideally, notice should be provided prior to sharing the client’s data with the government in order to give the client an opportunity to seek legal counsel and oppose the access request.63 A client is usually in a better position than a company to challenge a government order against him- or herself, and of course, the client has more incentive to do so. Giving notice does not require the ISP to take a side or to engage in significant expenditure, merely to pass on important information to the client.
A related practice is the publication of law enforcement guidelines for requests for client data. These might provide clients with insight into issues such as whether the ISP requires a warrant for content; what types of data it retains, and what kind of legal process the ISP requires for law enforcement to obtain various kinds of data; how long data is generally held by the ISP, and how long will it be held in response to a retention request; whether the ISP has an exception for emergency or other kinds of disclosures; under what conditions data may be shared with governments or other third parties;64 whether the ISP asks for or receives reimbursement for the costs incurred in complying with a request for data. This practice has been advocated by the European Commission,65 and has been adopted more widely.66 The information should enable clients to choose the ISP they regard as the least harmful to their interests. Of course, unlike other policies that corporations may advertise, law enforcement practices are difficult to monitor, and there are no means of verifying whether the ISPs actually comply with the guidelines that they advertise.
6.3 Challenging orders in court
Other measures may be more difficult to demand of ISPs. For example, an ISP can institute legal process to challenge the content of a demand. Such a measure would be particularly appropriate where a demand appears on its face to be excessively intrusive, for example when it covers a non-specific period of electronic activity, or a large group of unspecified clients.67 In both cases, the order would be falling short of the requirement that the risk posed by the individual client be indicated. In other cases, however, the ISP could not easily evaluate the justification for the order, since it is privy to the knowledge of neither the government nor the person in question, and therefore it cannot estimate the prospects of its challenge. Moreover, challenging demands for disclosure through legal process is action that requires investment of resources. The feasibility of a legal process depends, inter alia, on the financial capacity of the ISP. The responsibility to challenge orders through legal process should therefore be restricted to what is reasonable in the specific circumstances.68
This raises a further question, of what constitutes a ‘reasonable’ action that an ISP should take to ensure a right. The standard of such ‘reasonableness’ should differ from the standard of reasonableness with respect to state action. First, broadly stated, international law leaves states a wide margin of discretion in determining their budgetary priorities. This renders positive measures (as instituting legal process would be) almost outside the realm of obligation. There is an exception to this broad financial discretion of states in the form of core obligations within specific rights, compliance with which is not subject to financial constraints. This exception reflects the fact that governments are established, mandated and obligated under international law to fulfil certain social and other functions. The role which economic constraints may play in their decision making is therefore circumscribed. In contrast, corporations are entities that are created primarily for the purpose of making financial gain; that is their raison d’etre. Constraining their financial discretion would limit their operation fundamentally.69
In conclusion, ISPs should not be encumbered with the same level of demand as that which may be imposed on states. They should be burdened with positive obligations that require investment of resources only in exceptional circumstances, when the conduct at stake goes to the very core of the right, or where the financial investment is indisputably minimal, and thus does not adversely affect the corporation, regardless of its financial situation.
6.4 Non-collection and non-retention of data
Another way in which ISPs can minimize governmental encroachment on (and consequently potential violation of) clients’ privacy is by minimizing the amount of data that they keep in their possession. This can be done by giving clients the option of choosing from a range of privacy setting and helping them understand the implication of their choice.70 For example, European Union law requires ISPs to provide internet users with ‘clear and comprehensive’ information about the purposes of personal data processing, and is offered the right to refuse such processing.71 The effectiveness of such regulation is nevertheless questionable, given that the consent of clients is rarely truly ‘informed’.72 Moreover, few ISPs will publicly acknowledge or advertise the technologies that they use, making it almost impossible for consumers to pick a service provider based on the degree to which their information is protected and retained.73
Relatedly, ISPs can limit the period of time during which data is retained.74 But ISPs are not enthusiastic about non-retention, and in the US, for example, changes in data retention policies have occurred usually in one direction: towards greater retention.75 Moreover, numerous states have adopted legislation that makes data retention mandatory. The EU, for example, adopted a Data Retention Directive in 2006, which compels all ISPs and telecommunications service providers operating in Europe to collect and retain a subscriber’s incoming and outgoing phone numbers, IP addresses, location data, and other key data for a period of six months to two years. This applied to all European citizens, including those not suspected or convicted of any crime. The highly controversial Directive has received mixed reactions in member states, with the constitutional courts in some states having issued decisions striking down data retention laws for violating human rights.76 In April 2014 the European Court of Justice declared the Directive invalid on the ground that it had, inter alia, exceeded the limits of proportionality in its interference with the rights to privacy and personal data protection of individuals guaranteed, by the Charter of Fundamental Rights.77 However, states outside the European Union such as Serbia and Iceland have also adopted data retention laws.
7. Measures to prevent violations of the right to privacy
UNGP 19, on the operationalization of the responsibility,78 requires the following:
In order to prevent and mitigate adverse human rights impacts, business enterprises should … and take appropriate action’… (b) Appropriate action will vary according to: (i) Whether the business enterprise causes or contributes to an adverse impact, or whether it is involved solely because the impact is directly linked to its operations, products or services by a business relationship; (ii) The extent of its leverage in addressing the adverse impact.
Where a corporation causes or may cause an adverse human rights impact, it should take the necessary steps to cease or prevent the impact, and use its leverage to mitigate any remaining impact to the greatest extent possible. Leverage is the ability to effect change in the wrongful practices of an entity that causes harm if it is directly linked to their activity. Leverage might exist when a corporation collaborates with other actors.79
When the corporation lacks the leverage to prevent or mitigate adverse impacts, it should consider ending the relationship. Among the factors that will enter into the determination of the appropriate action in such situations are how crucial the relationship is to the corporation and the severity of the abuse: the more severe the abuse, the more quickly the corporation will need to see change before it takes a decision on whether it should end the relationship.80
The distinction between the responsibility not to contribute to a violation and the responsibility to prevent it may not always be clear cut, but for convenience, it is useful to distinguish between measures which ISPs can and ought to take to avoid contributing or facilitating the violation of identifiable clients, and those which they can and should take to impact on government policy, thereby affecting the general population of clients. The previous section addressed the former category, the present section addressed the latter.
7.1 Transparency reports
Transparency reports provide the public, clients as well as non-clients, with data on ISPs’ responses to governmental demands. Unlike the law enforcement guidelines considered earlier, transparency reports report practice rather than policy, by providing aggregated data. Transparency reports should include the number of government demands the ISPs receive, and whether they are official demands such as warrants or unofficial requests. The practice of transparency reports, originally led by Google, is spreading among US-based ISPs.81
Transparency reports do not affect requests regarding specific individuals, and accordingly it would be difficult to sustain a claim that their publication compromises national security. At the same time, they increase the cost for the government, in terms of international opprobrium and related negative consequences, of having in place national laws that conflict with internationally recognized human rights.82 They may therefore lead to a change of policy, thereby preventing would-be violations.
7.2 Relocation outside the state
When less severe measures for mitigating conflict between domestic and international law are unavailable or ineffective, the question of divestment or disengagement may arise as a last resort.83 There are a few precedents of such a move, principally Yahoo!’s and Google’s pullouts from China in 2005 and 2010.84 Commentators have been divided on whether these moves were triggered by moral scruples or by financial calculations,85 but since the corporations’ invoke human rights abuses as the ground for their pullout, the question arises whether this is a step that ought to be demanded of ISPs.
The notion that respect for human rights may require divestment is not explicit in the UN Guiding Principles’ due diligence requirement. The Commentary to the Guiding Principles addresses ‘situations in which the enterprise lacks the leverage to prevent or mitigate adverse impacts and is unable to increase its leverage. Here, the enterprise should consider ending the relationship’.86 Similarly, the OECD MNE Guidelines link continuation of the relationship between a corporation and a supplier with risk mitigation efforts, including, where appropriate as a last resort, disengagement with the supplier after failed attempts at mitigation.87 In the case of a relationship mandated by law, ending it in order to prevent risking rights could effectively require shutting down the activity of the corporation in the state in question, or even altogether. Since the demand under the UN Guiding Principles is to take ‘appropriate’ measures to prevent and mitigate adverse human rights impacts,88 rather than to take ‘every means possible’, disengagement that would result in shutting down would probably not be deemed required. Indeed, the Commentary acknowledges that ‘[a] relationship could be deemed as crucial if it provides a product or service that is essential to the enterprise’s business, and for which no reasonable alternative source exists’.89 In that case, according to the Commentary, ‘for as long as the abuse continues and the enterprise remains in the relationship, it should be able to demonstrate its own ongoing efforts to mitigate the impact and be prepared to accept any consequences – reputational, financial or legal – of the continuing connection’.90 In the context of ISPs required to disclose clients’ information, this means that the corporation might continue to operate in the state involved, as long it continues to challenge specific orders where possible and take other measures as discussed here. It would nonetheless be vulnerable to legal and other challenges.
However, it is clear that neither the UN Guiding Principles nor the OECD MNE Guidelines envisage a situation where the relationship is between a corporation and a state acting in sovereign capacity (in which case the relationship is not strictly one of ‘business’); nor do they envisage abuse of power by the corporation’s own home state. In other words, while the guidelines call on corporations to restrain their international expansion where appropriate for the protection of human rights, they offer no guidance on whether corporations should relocate from their home states.
As a general shortcoming of divestment, critics argue that it is an inherently ineffective measure of human rights protection, because the withdrawal of one corporation would merely lead to the entry of another corporation which is less committed to ensuring human rights. While this is sometimes the case in practice,91 a corporation may not exonerate itself from responsibility by arguing to be the lesser evil, namely that other corporations would be more injurious to rights. There are, nonetheless, strong arguments why divestment, while always permitted, should not be demanded. A demand to relocate outside a rights-violating state would require corporations to rate states according to their respect for privacy and other related rights, and balance this against the costs involved in relocation and in providing services from outside the state. Moreover, an unlimited responsibility to relocate would mean that corporations are responsible for shielding their clients from any number of states, namely the-ones-to-which-they-should-not-relocate. These are clearly excessive demands. They are all the more so where divestment implies relocating from the corporation’s own home state, in which case it might effectively need to close down business altogether.
8. Conclusion
The extensive use of private, electronic technologies has deprived governments of the control they had previously exercised over communications and consequently, of their ability to monitor individuals’ interactions. To recoup this power, states now turn to the private actors to whom control over the communication has been transferred, namely ISPs. This changes the paradigm for the protection of the right to privacy. No longer is the state the guarantor of rights, it is now in the position of encroaching on them; the private actors, on the other hand, are no longer the third party against whom the state protects individuals, but potential collaborators, or, alternatively, the defenders of the rights.
An examination of the responsibility to ensure the right to privacy through the conduct of ISPs demonstrates the immense difference between these actors and states. The world of corporations is infinitely more varied than that of states. If corporations and states are two instances of collective entities comprising individuals with designated roles, the similarity ends there. Corporations operate under different legal frameworks, in the pursuit of different goals. This does not mean that there is no scope for translation of standards applicable to states also to corporations. But such translation has to take account of the differences between the types of entities. The existing standards for protecting human rights, reflected in the Protect, Respect and Remedy Framework, build on the characteristics of some corporations, which in some respects resemble states, especially in the measure of control they exercise over individuals. But when looking further afield, the diversity of corporations becomes pertinent. There is no room to assume that all corporations can be subject to the same obligations, nor that they are constrained in the same manner.
This is most strongly apparent in the fact that unlike states, which can refrain from action and thus can always respect rights at least in part, ISPs acting under legal obligations have no choice but to encroach on the right to privacy. On the other hand, ISPs may at times be in a position to influence states, either legally or through other means. Exempting them from the responsibility to do so may be not only unwarrantedly lenient, but may actually serve as a loophole for states to evade their own obligations. | https://www.utrechtjournal.org/articles/10.5334/ujiel.cs/ |
Shortly after the announcement of the Government's decision to preserve a post-Brexit "snapshot" of EU law through incorporation into domestic law, I was asked to consider what this Great Repeal Bill would mean for human rights.
In Mapping the Great Repeal, I concluded that there would be likely losses as a result of Brexit; significant risks to the protections offered to individual human rights including in the legislative and policy programmes of the EU we would no longer participate in, and an increased diversion of Government attention away from the ordinary work needed to ensure individual rights are protected on the ground.
The key losses were likely to be the removal of directly enforceable rights derived from EU law as a result of the EU Treaties, General Principles and the Charter, combined with the loss of the influence of the Court of Justice of the European Union. Many other impacts would depend on the nature of our ongoing relationship with the EU, the outcome of the Brexit negotiations and the political imperatives of any post-Brexit Government at Westminster. It was highly likely that the UK's withdrawal from the EU would diminish the protection offered to individual rights.
Following the publication of the EU (Withdrawal) Bill last week, on my first impression, that negative assessment stands.
The EU (Withdrawal) Bill
Broadly, the Bill proposes that EU law which binds the UK before "exit" day will become part of UK law thereafter (see Clauses 2 - 6). A significant exception is the EU Charter of Fundamental Rights of the EU, which will not become part of domestic law, although the General Principles recognised in EU law which underpin the Charter will (Clause 5(4) - (5)). The Bill then provides Ministers with broad powers in delegated legislation to give effect to the withdrawal agreement (Clause 9); to deal with the UK's international obligations affected by withdrawal (Clause 8) and to make changes in respect of retained EU legislation which is either "failing" or "deficient" (Clause 7).
The proposals in the Bill are constitutionally significant beyond the termination of our relationship with the EU (for helpful introductions to the Bill's proposals, see here, here, here and here). The Government has prepared an ECHR Memorandum to accompany the Bill, which is not yet available online. However, there are some key issues worth comment now.
The Snapshot: The Charter, retained EU legislation and human rights.
The "snapshot" will mean that many rights-enhancing measures will continue to operate in the UK following Brexit. From maternity pay and working time, to data retention, that sounds like a good thing. This initial optimism if warranted, is subject to numerous caveats and health warnings.
What's in?
The Bill provides for the retention of a variety of domestic law measures derived from EU law and based on the European Communities Act 1972 (Clause 2: EU Derived Domestic Legislation). EU legislative instruments (Clause 3: Direct EU Legislation) and other rights arising from our membership of the EU and previously implemented by Section 2(1) ECA 1972 (Clause 4) will be converted into domestic law.
The catch-all provision in Clause 4 - incorporating all rights, powers, liabilities, obligations, restrictions, remedies and procedures which would have had direct effect in the UK by virtue of Section 2(1) - is explained in the Explanatory Notes. This would incorporate directly effective rights afforded to individuals by the EU Treaties (for example, the rights of free movement in the TFEU (Article 45)), for example. Together these converted rights are called "retained EU law" (Clause 6(7)).
Directly effective rights in any Directive recognised before Exit day will become part of domestic law. Such rights not so recognised will not (see Clause 4(2), EN ). The example given in the Explanatory Notes is the 1996 Hague Convention on cross-border cooperation on the protection of children, which includes a number of directly effective provisions for the protection of children in cross-border cases, including on jurisdiction and the enforcement of judgments.
The implications of these provisions are so broad that it may be easier to consider what isn't included. It will bring into domestic law 1,000s of pages of EU law, including in Regulations, Directives and Decisions from the EU.
This will include the incorporation of measures from Directives governing individual rights, from workers' rights and the environment to data protection and consumer rights. This won't change the substantive rights enjoyed by individuals, but how they enjoy them. Rather than drawing on EU law derived rights, these will be enjoyed as part of domestic law.
The extent to which these measures will need to be amended or modified will depend on our relationship with the EU, but it is likely to be significant, including for the protection of human rights offered to fundamental rights for members of the EU and its citizens.
Importantly however, the translation of these measures into our domestic constitutional law framework, without the backstop of minimum cross-Europe guarantees, leaves the law subject to Parliamentary sovereignty. Although incorporated by this Parliament, any new composition is free to change, remove, amend or modify those rights, if not using the powers in the Bill, by ordinary primary legislation.
What about the Charter?
The most widely reported exclusion from the snapshot is the Charter of Fundamental Rights and Freedoms of the European Union. Clause 5(4) provides expressly that the Charter will not be retained. However, the General Principles of EU law will be, including in so far as those principles reflect the provisions of the Charter (Clause 5(5)).
The Charter was intended to reflect the General Principles already recognised by the Court of Justice of the European Union ("CJEU") and its predecessors. The case law relevant to the General Principles - incorporating rights ranging from habeas corpus to proportionality - remains relevant to the interpretation of any retained EU law (Clause 6(3); 6(7)). However, case law relevant to the Charter is excluded (see Clause 6(7)), whether it derives from domestic courts or the CJEU.
Without engaging with the political hostility directed at the Charter, the exclusion of the Charter from the measures incorporated raises many issues:
- First, its application and interpretation of the General Principles is more accessible than the law previously developed by the General Principles. Like the domestic common law, the protection of human rights through the recognition of General Principles by the CJEU was a valuable but uncertain process.
- Second, while a number of the rights which the Charter recognises arise from the ECHR, others go beyond the Convention rights and reflect General Principles arising from the wider application of the treaties and the shared experience of the Member States. So, for example, Title VI (Solidarity) protects a range of social and economic rights including the right to health and the right to social security. Citizenship rights protect a range of rights with no direct equivalent in the ECHR, including, for example, a right to good administration. Some of those rights which are also included in the ECHR have been updated or more broadly expressed in the Charter. So, the right to equality expressly protects against discrimination on the grounds of sexuality (Article 21). These rights, in so far as they reflect General Principles of EU law have not be subject to significant litigation in Europe so far, and their elaboration at the CJEU will not now be reflected in UK law, except in so far as our courts consider them relevant to General Principles and not the Charter standing alone. Any new case law will not bind domestic courts, although they will be able to consider it like any other comparative jurisprudence.
- Thirdly, there appears to be no explanation of how a divergence in standards from the Charter might impact upon a trading relationship with the EU. While, of course, third states where the Charter does not apply do maintain functioning trading relationships with the EU. However, the question of equivalence will remain a live issue (and one which may be determined by the CJEU (See Schrems v Data Protection Commissioner, Case C-362/14, 6 October 2015).
- Finally, it is unclear how the application of retained EU law will apply where that laws development has been subject to an interpretation grounded in the application of the Charter. Since the adoption of the Charter, it is rare that the CJEU will refer to General Principles, even where they offer identical protection. So, for example, in Tele-Sverige & Watson C-203/15/C-698/15, the CJEU adopted an interpretation which held that general and indiscriminate retention of data is incompatible with the requirements of Directive 2002/58 on the confidentiality of electronic communications (the Directive on the Privacy of Electronic Communications) read in a manner consistent with the protection for individual privacy and personal information provided by the Charter (Articles 7, 8, 11 and 52(1)) (see , – ). Will domestic courts now be free to adopt their own interpretation of that underlying Directive and its implications for privacy rights in the UK? (If so, this might be a bitter sweet victory for the Secretary of State for Exiting the EU, who brought the original litigation in his own name in Davis & Watson.)
Specific problems arise in unpicking the Charter from our law. Not least, the interpretation of the ECHR by the European Court of Human Rights may continue to be influenced by jurisprudence from the CJEU in cases against other members signed up to the Union. These are but a few headlines.
Human rights challenges and EU fundamental rights
Although the Bill would incorporate various EU derived rights into domestic law, those will no longer have the same force which EU law now offers protection to fundamental rights by virtue of the ECA 1972. Individuals will lose significant opportunities to challenge the substance of EU legacy legislation and the compatibility of domestic law, policy and practice with fundamental rights protected by EU law that they have while the UK remains a member of the EU and the ECA 1972 remains in force.
Currently, if a piece of domestic law is inconsistent with EU law, the ECA 1972 operates so that the Courts must disapply the inconsistent domestic provision, even in primary legislation. Domestic courts can refer difficult questions to the Court of Justice of the EU ('CJEU'). This creates a powerful tool in human rights cases where an inconsistency in domestic law or practice is challenged as inconsistent with the Charter, the General Principles of EU law or other measures of EU law.
Firstly, post-Brexit, the power to quash domestic law or practice in any EU-rights challenge will drop away:
- The principle of supremacy is disapplied by the Bill in respect of any enactment or rule of law after exit day (Clause 5(1)).
- The Bill provides that supremacy "continues to apply" to the interpretation of retained EU legislation and any other enactment or rule of law passed or made before exit day (Clause 5(2)).
- That might suggest that a challenge based on retained EU legislation (other than reliant on the Charter) could be brought to challenge the substance of UK law after Brexit, with the result that, provided both enactments were made before exit, the Court would be required to continue to prefer EU law.
- However, Schedule 1 provides that no Court or Tribunal can "disapply or quash any enactment or any rule of law" or "quash any conduct or otherwise decide it is unlawful" because it is incompatible with any of the General Principles of EU law. This bar is subject to no limit in respect of pre-exit and post-exit challenge (Schedule 1(3)(2)).
- It is far from clear whether the Courts are bound by the continuation of the application of supremacy principle to treat retained EU laws other than the General Principles as superior to any domestic legislation adopted prior to exit and whether the powers to quash or disapply conflicting domestic provision will continue. Might the Courts yet to be bound to quash or disapply pre-Exit legislation if the principle of supremacy so applies to retained EU law?
- However, it is certain that, in respect of post-Exit enactments, nothing in retained-EU law can be relied upon to quash or disapply domestic law, even when it affords specific protection for individual rights.
Secondly, the role of the CJEU and its jurisprudence is limited or removed by the Bill:
- It appears that it is the intention of the Bill that - at least for the Supreme Court and the senior courts in Scotland sitting as the last route of appeal - they will not be bound by any legacy of our membership of the EU, whether in General Principles or the other case law of the CJEU.
- Clause 6(1) removes the right of any UK Court or Tribunal to make any reference to the European Court.
- Clause 6(4) provides that the views of the CJEU will bind the lower courts in respect of pre-Exit jurisprudence, but the Supreme Court (and Scots courts as relevant) will be free to treat it as they would one of their earlier precedents and may depart from it. All post-Exit jurisprudence might be considered by the domestic courts as relevant - like any comparative law - but they are not bound by it (Clause 6(2)).
Finally, the Bill and Brexit will limit the ability of individuals to challenge whether law derived from our EU membership is incompatible with individual human rights.
Currently, challenges to the legitimacy of individual measures derived from EU law - whether in incorporated in Regulations or arising from obligations in Regulations - can be challenged because both the domestic provisions and/or the underlying EU provisions are incompatible with human rights standards in the treaties, the General Principles and the Charter. If either the domestic provisions (see above) or the EU law provisions are found to be inconsistent with individual rights they may be quashed, in the latter instance, by the CJEU. The Bill makes clear that any existing means of challenge to the validity of retained EU law, whether inherent in retained EU law or otherwise, no longer has effect (Schedule 1(1)). The Bill empowers Ministers to provide for such a challenge to be made to a "public authority" (Schedule 1(2) - (3)).
If the Bill is approved, it is far from clear what statutory status retained EU legislation will have. They will have effect in domestic law by virtue of the Act, an instrument of primary legislation. However, it makes clear that, for the purposes of the Human Rights Act 1998, that retained EU legislation is primary legislation. So, any claim that a measure of retained EU legislation operates in a way which violates Convention rights and cannot be interpreted compatibly, can only be subject to a declaration of incompatibility (Section 4, HRA 1998). If retained EU legislation is treated as primary legislation for the purposes of the ordinary public law, a direct common law challenge to its validity is likely to be extremely difficult. Any measure discovered to violate any provision of the Treaties or the General Principles; or Convention rights, will remain in force subject to repeal or amendment by Parliament. Thus, by incorporating wholesale the body of EU legislation into domestic law, it is, at least in this respect, less vulnerable to challenge on human rights grounds.
Remedying "failures" and "deficiencies" in the law post-Brexit
Although the Bill proposes to freeze that "snapshot" in place, the Bill grants Ministers broad powers to rewrite the law to deal with either "failures" or "deficiencies" arising from retained EU legislation (Clauses 7 - 9).
This will clearly include technical tidying to remove clear oddities where domestic law refers to an EU institution whose jurisdiction we no longer subscribe to. However, it also could and would appear to have much wider scope. Ministers might create new public bodies, new criminal offences may be promulgated and changes made to existing rights. The Bill grants Ministers the power to amend the Bill itself and other pieces of primary legislation.
The limits of the delegated powers in the Bill
The Bill itself includes few express limits on what Ministers might do by secondary legislation. The first limitation is, of course the language of Clause 7, and the powers are limited to legislation which is "considered appropriate" by Ministers to "prevent, remedy or mitigate": (a) any failure of retained EU law to operate effectively; or (b) any other deficiency in retained EU law. Such failure or deficiency must arise from the withdrawal from the EU (see Clause 7(1)).
Clearly, the interpretation of any measure which will interfere with common law fundamental rights or with Convention rights might require strict interpretation of each of those provisions (see s 3 HRA 1998; and for example, R (Evans) v Attorney General UKSC 21). The Explanatory Notes provide some elucidation of the Government's intention which explains precisely how broad these powers might be. While the Bill will preserve the rights of citizenship owed to EU citizens in the Treaties, and the right of free movement, the international law obligations which underpin the reciprocal obligations of the EU to the UK fall away. This may mean that those provisions are considered deficient and in need of correction: (see full quote below) (EN, ). Thus, the Government fully intends that the treatment of the rights of EU citizens might be ultimately determined by secondary legislation. The question remains whether the Bill is sufficiently broad to do more than to remove the problem. Could the rights offered to EU citizens be substantially altered? Would this be a measure appropriate to prevent, remedy or mitigate the failure or deficiency in the underlying EU retained legislation? Far from adding certainty to the Government's intentions, this highlights how much might be left to Executive discretion and subsequent legal challenge.
Any delegated powers exercised under the Bill will be by statutory instrument. It appears that - unlike the underlying retained EU legislation - the Regulations made pursuant to the Bill will be subordinate legislation for the purposes of the Human Rights Act 1998 (See Schedule 8(1))(Retained EU law is to be treated as primary legislation (see Schedule 8(19)). Any changes to retained EU law made using powers under the Bill may be barred if it violates with Convention rights (see s.6 HRA 1998). So, if the treaty provision which provides for citizenship rights is retained EU legislation (see EN, pp24 - 15), those rights may be difficult to challenge. However, proposed modifications to that right under the Bill which violate Convention rights might be struck down? It will be difficult to construct an argument that the underlying powers in the Bill would require Regulations to be made in such form as to preserve incompatible regulations despite the application of the HRA 1998. This may be an argument to support the conclusion that any change which engages Convention rights and which might lead to a violation should be subject to enhanced scrutiny or reserved to primary legislation.
What now?
The focus of much commentary on the Bill has been critical of constitutional overreach. However, this Bill will only pass with Parliament's approval. If Parliament chooses to approve the Government's route to Brexit, it will abrograte significant responsibilities for decision making, including on how the law might affect our rights, for years to come. It will create a dangerous period of constitutional precedent. The ability for a judicial challenge will be circumscribed by the language of the final Bill.
The endurance of individual rights which are an important legacy of our EU membership may be largely determined by Executive restraint or challenge in the courts pursuant to the common law or the HRA 1998. It is not hard to see that the exercise of rewriting the post-Brexit legal landscape may lead to years of litigation and to further tension around the proper constitutional role of the judiciary. This may give unjustified fuel to the anti-HRA arguments now placed on the backburner by a Government known to be hostile to the Convention.
There are, of course, options open to Parliament:
- Some have suggested full incorporation of the Charter. This is unlikely to be politically palatable to the current Government. The incorporation of mirrored standards, including on workers' rights, citizens' rights and equality, would require a significant debate in Parliament about the protection of such rights; and whether those should be limited only to retained EU law or otherwise applicable is only one question which would arise. Whether a serious constitutional conversation about the expansion of rights guarantees is sustainable in an environment where the Government is hostile to our existing constitutional provision for rights protection is a practical but important consideration. On the other hand, the removal of the Charter's protection and the subsequent development of the General Principles subsequent to its coming into force, will clearly diminish the protection offered to individual rights by UK law now. The role for the Charter in the interpretation of retained EU law - and the protection of our rights - will be a crucial part of the forthcoming debate in Parliament and beyond.
- If a commitment to the incorporation of the Charter rights is infeasible, others have suggested specific rights to protect core parts of the Charter which provide specific context for a lot of law which will become retained EU law and which supplement the HRA 1998 significantly, such as the creation of a freestanding right to equality in law, to reflect the standards in the Charter to which the UK freely agreed.
- It remains open to Parliament to provide greater specificity over how and when the proposed delegated powers will be exercised. Greater specificity may reduce the scope of common law challenges grounded in legality or fundamental common law rights. However greater specificity could reserve to Parliament responsibility for legislating in areas most likely to lead to intrusion on individuals' human rights, including those protected by the Charter and in our international human rights obligations.
- Not all Brexit activity is dealt with in this Bill. Specific changes are being considered in primary legislation, in multiple related Bills expected this year, including an Immigration Bill. There may be some areas of law which Parliamentarians might consider should not be subject to post-Brexit tinkering in delegated legislation.
- The Joint Committee on Human Rights has been historically critical of the use of delegated legislation to restrict individual rights and it regretted that little planning had been done for the impact which withdrawal could have on human rights. Other Committees, including the EU Justice Committee has raised similar concern (see here, for example). Better late than never, the Government must face up to the implications which Brexit may have on individual rights, including in the proposals in this Bill.
The negotiations on our future relationship with the EU are crucial. Just how the law is reshaped will depend upon the deal officials are now working towards in Brussels. Unfortunately, a scan of both the Explanatory Notes to the Bill and the Sunday papers suggest that the most likely outcome will not be a positive one. The Government appears to be planning - or hoping - for no deal to be reached.
Deal, or no deal, the constitutional significance of this Bill can't be understated. There is work to be done at Westminster. | https://insights.doughtystreet.co.uk/post/102ebgz/not-so-great-unpicking-the-human-rights-impacts-of-the-great-repeal |
The Framework for Business and Human Rights adopted by the United Nations Human Rights Council in 2008 (Framework), led by John Ruggie, created a three-pillar “Protect, Respect and Remedy” standard to address the relationship of businesses and human rights. States have a duty to protect human rights, businesses have a responsibility to respect human rights, and each has a duty to provide a remedy for violations of human rights (U.N. Special Representative of the Secretary-General, 2011). Implementation of the framework is further developed in the Guiding Principles for Business and Human Rights of 2011, also adopted by the United Nations Human Rights Council (U.N. Office of the High Commissioner for Human Rights, 2011). The implementation of the Framework requires businesses to undertake due diligence to identify and prevent harm, and remediate violations of individuals’ human rights occurring as a result of business operations. The proactive application of this process could make a significant impact on the prevention of human rights harms. There is much work to be done as the private sector grapples with incorporating the fundamental principles of due diligence into business enterprise management. In addition, and perhaps less recognized, the business responsibility to implement respect for human rights has the potential for creating new, two-way, dynamics between business and the human rights community. This chapter explores the possible impacts that the due diligence responsibility could have on the business–human rights organization relationship, and suggests a conceptual framework for understanding the dynamics. | https://www.elgaronline.com/view/9781782546610.00011.xml |
Navigating a HIPAA Breach at Your Medical Practice. Assemblyman Gatto Named Chairman of Committee on Privacy - Assemblymember Mike Gatto Representing the 43rd California Assembly District. White House: Consumer Privacy Bill of Rights. Top News White House (Commerce Dept.)
Privacy Bill Not Helpful, Unworkable: The White House has released a consumer privacy proposal, prepared by the Commerce Department. The bill falls far short of the recommendations for a “Consumer Privacy Bill of Rights” set out by President Obama in 2012 and broadly supported by consumer organizations. The draft proposal lacks meaningful protections for consumers, would preempt stronger state laws, and create unnecessary regulatory burdens for businesses. EPIC has long recommended enactment of consumer privacy legislation based on “Fair Information Practices,” the basic framework for modern privacy law.
Background Building on the recommendations of a Green Paper on Privacy and Innovation released by the Department of Commerce's Internet Policy Task Force in December 2010, the Administration released Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Economy. Documents News Reports. Texas nurse who contracted Ebola sues hospital company. Nina Pham, a nurse at Texas Health Presbyterian Hospital Dallas, filed a lawsuit Monday against the hospital's parent company, Texas Health Resources.
She claims the company made her "a symbol of corporate neglect -- a casualty of a hospital system's failure to prepare for a known and impending medical crisis. " THR ignored Ebola warnings, its chief medical officer "made numerous patently false statements to Congress," and the company "wholly failed to ensure that appropriate polices, procedures, and equipment were in place," leaving health care providers untrained, unprotected and at risk for exposure, the lawsuit says. "I was hoping that THR would be more open and honest about everything that happened at the hospital, and the things they didn't do that led to me getting infected with Ebola," Pham said in a statement. "But that didn't happen and I felt I was left with no choice but to turn to the courts for help.
" 'In a cruel twist...' "In a cruel twist, after watching Mr. 'No risk' Supreme Court: Police retention of data breaches privacy rights, but is justified. Supreme Court by Diamond Geezer/Flickr The Supreme Court has confirmed that where the state retains data on individuals without their consent, it is interfering with their privacy even when that data is public.
But despite this finding the court ruled that the Metropolitan Police acted lawfully by keeping details of the activities of a 90-year-old pensioner with no criminal record as the interference with his private life was “minor”. The pensioner John Catt launched legal action four years ago after discovering that police had secretly logged both his habit of drawing sketches of demonstrations he had attended and descriptions of his appearance and clothing. He wanted to force the Met to destroy this data. Last year the Court of Appeal found in favour of Catt. Reversing that decision today, the Supreme Court said it was satisfied that the Met’s data-handling regime, under which information was “regularly reviewed for deletion” meant there was no significant interference. Privacy Might Be Getting an International Champion. The U.N.
Human Rights Council could take a big step this month toward protecting privacy rights around the world. At its current session, the HRC plans to vote on whether to appoint an independent expert on the right to privacy, called a "special rapporteur. " The ACLU joined with more than 60 other human rights and civil liberties groups this week in signing a letter urging the HRC to vote in favor of the initiative, which could help strengthen critically needed privacy standards and monitor compliance with those standards worldwide. I will be in Geneva next week to participate in meetings on the matter with members of the HRC and advocate for this important mechanism. Privacy is one of the most fundamental – and widely violated – human rights not to have its own special rapporteur.
Special rapporteurs have played a key role in protecting human rights for decades. CISA Cybersecurity Bill Advances Despite Privacy Concerns. For months, privacy advocates have been pointing to flaws in CISA, the new reincarnation of the cybersecurity bill known as CISPA that Congress has been kicking around since 2013.
But today that zombie bill lurched one step closer to becoming law. The Senate Intelligence Committee passed the Cybersecurity Information Sharing Act, or CISA, by a vote of 14 to one Thursday afternoon. The bill, like the failed Cybersecurity Information Sharing and Protection Act that proceeded it, is designed to encourage the sharing of data between private companies and the government to prevent and respond to cybersecurity threats. But privacy critics have protested that CISA would create a legal framework for companies to more closely monitor internet users and share that data with government agencies.
After Thursday’s vote, Senator Ron Wyden—the only member of the Senate’s intelligence committee to vote against the bill—repeated those privacy concerns in a public statement. | http://www.pearltrees.com/docadler/government-legislation/id13875785 |
Presentation of the OECD Guidelines
The OECD Guidelines are recommendations that governments adhering to the OECD Declaration on International Investment and Multinational Enterprises address to companies, national or multinational, operating anywhere in the world.
Despite their voluntary nature, adhering countries have made a binding commitment to implement them.
The purpose of the Guidelines is to promote a positive business contribution to economic, environmental and social progress, to strengthen mutual trust between enterprises and societies, and to improve the environment for foreign investment.
Adopted for the first time in 1976, since then several updates have been made for a progressive adaptation of them to the international investment landscape. The main changes concern the integration of a new chapter on human rights but also the integration of the most comprehensive notion of due diligence and responsible supply chain management.THE OECD GUIDELINES
Concepts and Principles
This chapter sets out concepts that help enterprises to clarify certain notions related to The OECD Guidelines.
It also provides a general framework for understanding the scope of the OECD Guidelines, their extent, objectives, etc.
General Policies
The General Policies chapter of the OECD Guidelines, is the first to contain specific recommandations to entreprises. It establishes common fundamental principles for the sepcific recommendations in subsequent chapters.
The recommendations as sets up in this chapter provide numerous principles in particular the alignment with the policies of countries where enterprises operate and the contribution of to economic, social and environmental progress with a view to achieving sustainable development.
This chapter provide also clarifications about due diligence process that enterprises should care for a responsible supply chains.
Disclosure
The Disclosure chapter aims to encourage improve understanding of the operations of multinational enterprises.
These recommendations specify the scope and extent of disclosure, the nature of information concerned by disclosure, the confidentiality considerations, the accessibility principles, etc.
As such, enterprises should ensure that timely and accurate information is disclosed on all material matters regarding their activities, structure, financial situation, performance, ownership and governance. Disclosure policies of enterprises should be tailored to the nature, size and location of the enterprise, with due regard taken of costs, business confidentiality and other competitive concerns.
Human Rights
This chapter opens with a chapeau that sets out the framework for the specific recommendations concerning enterprises’ respect for human rights. It draws upon the United Nations Framework for Business and Human Rights ‘Protect, Respect and Remedy’ and is in line with the Guiding Principles for its Implementation.
The chapter recognizes that States have the duty to protect human rights, and that enterprises, regardless of their size, sector, operational context, ownership and structure, should respect human rights wherever they operate. Respect for human rights is the global standard of expected conduct for enterprises independently of States’ abilities and/or willingness to fulfil their human rights obligations, and does not diminish those obligations.
In this regard, enterprises should:
- Respect human rights and address adverse human rights impacts with which they are involved.
- Avoid causing or contributing to adverse human rights impacts and address such impacts when they occur.
- Seek ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship, even if they do not contribute to those impacts.
- Have a policy commitment to respect human rights.
- Carry out human rights due diligence as appropriate to their size, the nature and context of operations and the severity of the risks of adverse human rights impacts.
- Provide for or co-operate through legitimate processes in the remediation of adverse human rights impacts where they identify that they have caused or contributed to these impacts.
Employment and Industrial Relations
The first paragraph of the chapter is designed to echo all four fundamental principles and rights at work which are contained in the ILO’s 1998 Declaration, namely the freedom of association and right to collective bargaining, the effective abolition of child labour, the elimination of all forms of forced or compulsory labour, and non-discrimination in employment and occupation. These principles and rights have been developed in the form of specific rights and obligations in ILO Conventions recognized as fundamental.
All provisions of this chapter echo relevant provisions of the 1998 Declaration, as well as the 1977 ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, last revised in 2006 (the ILO MNE Declaration).
The chapter include other principles, such as the promotion of consultation and co-operation between employers and workers and their representatives on matters of mutual concern; measures should be taken in some circumstances (ex:closure), employment of local workers, etc.
Environment
The chapter environment provides guidance and recommendations for enterprises in a manner to protect the environment, public health and safety, and generally to conduct their activities in a manner contributing to the wider goal of sustainable development.
The text of the environment chapter broadly reflects the principles and objectives contained in the Rio Declaration on Environment and Development, in Agenda 21 (within the Rio Declaration). It also takes into account the (Aarhus) Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters and reflects standards contained in such instruments as the ISO Standard on Environmental Management Systems.
Combatting Bribery, Bribe Solicitation and Extortion
The chapter combating bribery, bribe solicitation and extortion underlines the important role of enterprises in combating these practices.
A series of recommendations are designed to help enterprises take the necessary measures to fight bribery, in particular:
- Not offer, promise or give undue pecuniary or other advantage to public officials or the employees of business partners.
- Develop and adopt adequate internal controls, ethics and compliance programs or measures for preventing and detecting bribery.
- Prohibit or discourage, in internal company controls, ethics and compliance programs or measures, the use of small facilitation payments, which are generally illegal in the countries where they are made, and, when such payments are made, accurately record these in books and financial records.
- Ensure, taking into account the particular bribery risks facing the enterprise, properly documented due diligence pertaining to the hiring, as well as the appropriate and regular oversight of agents, and that remuneration of agents is appropriate and for legitimate services only.
- Enhance the transparency of their activities in the fight against bribery, bribe solicitation and extortion.
- Promote employee awareness of and compliance with company policies and internal controls, ethics and compliance programs or measures against bribery, bribe solicitation and extortion through appropriate dissemination of such policies, programs or measures and through training programs and disciplinary procedures.
- Not make illegal contributions to candidates for public office or to political parties or to other political organizations.
Consumer Interests
The chapter on consumer interests of the OECD Guidelines for Multinational Enterprises draws on the work of the OECD Committee on Consumer Policy and the Committee on Financial Markets, as well as
the work of other international organizations, including the International Chamber of Commerce, the International Organization for Standardization and the United Nations.
The chapter recognizes that consumer satisfaction and related interests constitute a fundamental basis for the successful operation of enterprises.
It calls on enterprises to:
- Apply fair business, marketing and advertising practices, and ensure the quality and reliability of the products that they provide,
- Adhere to required health and safety standards,
- Provide necessary information to consumers about products and services, which is sufficient for them to make informed decisions,
- Developing effective approaches to address consumer complaints,
- Prohibit deceptive, misleading, fraudulent and other unfair commercial practices,
- Important role in consumer education that can be played by enterprises jointly with government,
- Importance of cooperation between enterprises and public authorities to help prevent and combat deceptive marketing practices more effectively,
- the importance of protecting personal data against consumer privacy violations, including security breaches,
- Take the situations of vulnerable and disadvantaged consumers into account when enterprises market goods and service.
Science and Technology
The chapter aims to promote, within the limits of economic feasibility, competitiveness concerns and other considerations, the diffusion by multinational enterprises of the fruits of research and development activities among the countries where they operate, contributing thereby to the innovative capacities of host countries.
In this regard, the chapter provide recommendations for enterprises, mainly:
- ensure that their activities are compatible with the science and technology (S&T) policies and plans of the countries in which they operate and as appropriate contribute to the development of local and national innovative capacity,
- Permit the transfer and rapid diffusion of technologies and know-how, with due regard to the protection of intellectual property rights,
- When appropriate, perform science and technology development work in host countries to address local market needs, as well as employ host country personnel in an S&T capacity and encourage their training, taking into account commercial needs,
- Using reasonable terms and conditions when granting licenses for the use of intellectual property rights or when otherwise transferring technology.
Competition
The chapter include recommendations that emphasizes the importance of competition laws and regulations to the efficient operation of both domestic and international markets and reaffirms the importance of compliance with those laws and regulations by domestic and multinational enterprises.
They also seek to ensure that all enterprises are aware of developments concerning the scope, remedies and sanctions of competition laws and the extent of co-operation among competition authorities.
Especially, enterprises should:
- Refrain from entering into or carrying out anti-competitive agreements among competitors, including agreements to: fix prices; make rigged bids (collusive tenders); establish output restrictions or quotas; or share or divide markets by allocating customers, suppliers, territories or lines of commerce.
- Co-operate with investigating competition authorities.
- Inform employees about the importance of compliance with all applicable competition laws and regulations.
Taxation
It is important for entreprises to contribute to the public finances of host countries by paying the taxes they owe on a timely basis.
The chapter highlights also the importance of the tax compliance by enterprises through:
- Compliance with both the letter and the spirit of the tax laws and regulations in all countries in which they operate,
- Co-operate with authorities, and
- Make information that is relevant or required by law available to them.
Furthermore, enterprise’s commitment should be reflected in risk management systems, structures and policies. | https://pcnmaroc.ma/en/the-guiding-principles/ |
In the December 2017 edition of the EDPS Newsletter we cover the EDPS survey, data protection and farm statistics and the proposed Regulation on ECRIS-TCN.
EDPS calls for consistency in EU approach to criminal records
EU institutions a predominantly safe pair of hands for handling personal information, according to EDPS Survey
Ex-post prior checks come to an end
Data protection and farm statistics
Ensuring privacy-friendly protection from cyber-attacks
We are approaching the holiday season, a period of excess and over-indulgence followed by doomed resolutions to live more healthily and frugally in the New Year.
Data protection of course has always been about dignity and restraint. It is based on the idea that respect for humans means being careful with what you do with information about them.
But data protection in the EU has also always been about helping to oil the cogs of commerce inside the internal market. Common standards meant that it didn’t matter where personal data travelled within the Union; what mattered instead were the safeguards in place for individuals, as well as accountability of controllers and processors.
One of the many signals of data protection being now truly part of the mainstream of public policy is the recent discussions on the proper relationship between trade and data, including personal data. Apart from a general exception, the General Agreement on Tariffs and Trade - signed in 1994 as the first multilateral treaty on the liberalisation of international trade - makes no mention of data flows. Indeed the WTO’s own website could not be more categorical: “The WTO has had nothing whatever to do with Internet privacy”.
Now, however, with the digital economy developing at a very fast pace, an EU institutional trend to address the issue of restrictive measures to trade (so-called “digital protectionism”) has emerged. The pursued objective is to support the interests of EU businesses and to enable them to be competitive on markets outside EU. The trade agreements at stake also aim at supporting third countries’ businesses. This has led to the idea of inserting into the trade agreements negotiated by the European Commission specific clauses that would on the one hand ensure the “free flow of data”, and on the other hand, prohibit “unjustified” data localisation restrictions by third countries.
There is a clear need for the EU to develop a more efficient system for exchanging information on the criminal records of non-EU citizens. At the same time, any proposal to update the current system must ensure consistency with the EU Charter of Fundamental Rights and the Lisbon Treaty and fully respect data protection principles, the EDPS said on 13 December 2017, as he published his Opinion on the Commission’s Proposal for a Regulation on ECRIS-TCN.
Member States use the current European Criminal Records Information Service (ECRIS) primarily to facilitate judicial cooperation, through the exchange of information relating to criminal convictions. In 2016, the Commission proposed a Directive on ECRIS aimed at improving this system. They wanted to make it easier for Member States to exchange information on non-EU citizens, known as third-country nationals (TCN). The proposed Regulation on ECRIS-TCN aims to complement the Directive and address some of the technical problems encountered in its application, most notably by changing the system used to identify which Member States hold information on criminal convictions relating to non-EU citizens from a decentralised system to a central system.
Giovanni Buttarelli, EDPS, said: "There is a clear need to improve the ECRIS system to better facilitate the exchange of information on the criminal records of non-EU citizens, and we support the Commission’s efforts to do this. At the same time, it is vital that our approach is consistent. Firstly, this means ensuring that any difference and specificity in the treatment of the personal data of non-EU citizens and EU nationals is fully justified. Secondly, it means ensuring that the Regulation and the Directive fully respect the EU Charter of Fundamental Rights and the requirements for any lawful limitation of these rights.”
EU institutions and bodies deal with a wide variety of personal data, and often in complex ways. EU law requires that they are able to ensure, verify and demonstrate compliance with data protection rules when handling this data. According to a report published on 28 November 2017 by the EDPS, there has been continuous and steady progress in the way that they deliver on this obligation.
Giovanni Buttarelli, EDPS, said: "Our latest stock-taking exercise confirms a largely positive trend among EU institutions and bodies. As their independent supervisory authority, it is the role of the EDPS to make sure they remain accountable in their compliance with data protection rules. The publication of this report will help us to establish priorities for EDPS activities in 2018, a year which, with the entry into force of the new General Data Protection Regulation (GDPR), as well as a Proposal to amend the current rules governing data protection in the EU institutions, will mark the beginning of a new era in data protection.”
Wojciech Wiewiórowski, Assistant EDPS, said: "This Survey provides a state of play in relation to the compliance of EU institutions with data protection rules, whilst also illustrating the role of the EDPS as their independent supervisory authority. The report is part of our efforts to train and guide EU institutions on how best to respect data protection rules in practice, whilst focusing on processing activities that present a high risk to individuals. We emphasise progress made in comparison to previous Surveys, and underline shortcomings. We also take follow-up action, ranging from targeted assistance, guidance and training to more robust action, where appropriate.”
As part of our supervisory work, the EDPS carries out on-site inspections at the EU institutions. They allow us to verify how data protection is applied in practice and are carried out for a variety of different reasons.
On 20 and 21 November 2017, the EDPS carried out an inspection at the European Economic and Social Committee (EESC) in Brussels. The inspection covered the EESC's processing operations in the fields of recruitment, staff appraisal and administrative inquiries.
On 23 and 24 November, we carried out another inspection, this time at the European Food Safety Authority (EFSA) in Parma. The inspection covered anti-harassment procedures, CCTV and access to personal data under Regulation 45/2001, the current rules covering data protection in the EU institutions. In the case of anti-harassment procedures, we focused specifically on evaluating data quality and data retention practices, while to assess their CCTV practices, we verified the information provided to the individuals concerned
Both inspections provided useful feedback on how EU bodies are performing in terms of compliance, and will help us to determine priorities for future inspections and supervision work.
Before carrying out any new operations involving the processing of personal data, EU institutions and bodies are required to declare these operations to the EDPS. In what are known as prior check opinions, the EDPS examines the proposal and makes recommendations to ensure that the proposed operation complies with data protection rules.
At the recent meetings of data protection officers (DPOs) in Tallinn and London, we announced that, as of the end of November 2017, the EDPS will no longer accept ex-post notifications. These are prior check requests relating to processing operations that started before the EDPS was appointed or before the current data protection rules came into force.
Though ex-post prior check notifications received after 1 December 2017 will not be analysed in detail, EU institutions and bodies remain responsible for ensuring that any processing of personal data complies with the rules set out under Regulation 45/2001, demonstrating full respect for the fundamental rights to data protection and privacy. The fact that the EDPS will no longer analyse such notifications in detail does not imply tacit approval.
The decision to end ex-post prior checks is related to our increased emphasis on the principle of accountability, which encourages EU institutions to not only comply with data protection rules but to also be able to demonstrate that compliance. With the revised rules for data protection in the EU institutions set to come into force in the near future, the EDPS encourages all EU institutions and bodies to consider whether the processing operations they currently use might require a data protection impact assessment (DPIA) under the proposed new Regulation.
In December 2016, the Commission published a proposal for a Regulation on integrated farm statistics. The amendments proposed during recent discussions on the proposal in the Council, however, raised new issues regarding data protection which were not present in the Commission’s initial proposal. If these amendments are included in the final text, the draft Regulation would become the first EU legislative instrument to provide for derogations from the rights of access and rectification, the right of restriction and the right to object to the processing of personal data for statistical purposes, in accordance with Article 89 of the General Data Protection Regulation (GDPR).
The Council therefore invited the EDPS to issue a formal opinion on the proposed amendments. In our Opinion, published on 20 November 2017, we stressed that the rights of access and rectification are set out in the Charter and are considered essential components of the right to the protection of personal data. We therefore recommended that the Council re-assess the necessity of the proposed derogations. The fact that putting in place technical and organisational measures to provide access and other rights to individuals may require financial and human resources is, by itself, not a valid reason to derogate from the rights of individuals under the GDPR.
Unless the EU legislator can provide further justification of the need for these derogations, and tailor the scope of the provisions more narrowly, we recommended that they consider to what extent Article 11 of the GDPR (processing which does not require identification) may help address the legitimate concerns of national statistical institutes.
Cybersecurity is no longer just a concern for experts. A large majority of EU citizens recognise its importance. In a recent Eurobarometer survey 87 percent of respondents considered cybercrime to be an important challenge to the internal security of the EU, while the misuse of personal data continues to be the most significant concern for internet users.
On 13 September 2017 the European Commission and the EU’s High Representative for Foreign Affairs and Security Policy proposed a set of measures aimed at increasing EU resilience to cyber-attacks. Referred to as the Cybersecurity Package, they specifically mentioned the need to establish a system of EU cyber deterrence and criminal law that would better protect people, businesses and public institutions within the EU. On 18 October, the Commission adopted a report on the Security Union, elaborating on some of these initiatives.
The proposed measures include:
The EDPS recognizes that adequate cybersecurity is necessary to protect privacy and personal data, and in particular emphasizes the importance of prevention. While effective prosecution is needed, it is even better to avoid becoming victim of a cyber-attack in the first place. Where the same instruments are used for cybersecurity as for data protection, for example certification and incident notification, organisations will be subject to both sets of rules. This must not lead to confusion or contradiction.
Enhanced measures against cyber criminals must be developed and applied in full respect of the principles of necessity and proportionality. The EDPS welcomes the Commission’s commitment not to weaken or undermine the strength of encryption. Trustworthy encryption capabilities are critical for digital markets and societies. We cannot risk undermining the confidence in our services and cybersecurity tools.
The Commission announced several legislative initiatives. The EDPS will provide recommendations on these proposals in order to ensure that they are not only effective, but that they guarantee the protection of fundamental rights, including the rights to privacy and data protection.
When we develop cyber-attack tools, we may risk becoming victims ourselves if our own tools fall into the wrong hands. We have seen this in past events, and we repeat this warning in the context of the Cybersecurity Package.
We have recently issued formal comments on the proposed policy package, and plan to issue further advice in the near future. | https://edps.europa.eu/press-publications/publications/newsletters/newsletter-3_en |
In his response to the violent unrest in the UK over the past week, UK Prime Minister David Cameron said the government is considering whether it would be right to place limits on social media access in certain cases. While criminality and violence deserve condemnation and prosecution under the full extent of the law, the Global Network Initiative (GNI) urges the British government to consider the domestic and global ramifications for civil liberties and human rights as it develops specific proposals.
Both policymakers and technology companies must consider the global consequences of their decisions, beyond the country specific pressures of the moment.
While the first duty of a government is to protect its citizens and public safety, it should do so in ways consistent with other fundamental rights, including internationally recognized standards of freedom of expression and privacy.
A UK government response to violence that erodes legal due process or demonstrates a lack of respect for internationally recognized human rights and free speech norms could make it more difficult for Internet and telecommunications companies everywhere to resist surveillance and censorship requests of governments that infringe user rights.
Similarly, information technology companies must uphold core, universal principles on free expression and privacy to ensure their users and customers rights are protected. The GNI’s articulation of these principles, based on widely recognized international human rights standards can be found at:
https://globalnetworkinitiative.org/principles/index.php
The relationship between people, government and society in all its forms is increasingly mediated by information technology and online services, including online platforms, news outlets, and the networks and equipment that are at the core. This new reality creates complex challenges regarding the responsibilities of users, civil society, and governments – and in particular the social responsibilities of information and communication technology (ICT) companies. The GNI urges all actors to avoid panic and hasty actions likely to erode public trust in government and companies, and instead rise to the new challenges of the Internet age with foresight and wisdom. | https://globalnetworkinitiative.org/gni-statement-in-response-to-violence-in-london/ |
In 2021, we worked to create the conditions for people, especially those facing discrimination and oppression, to have greater power and autonomy through digital technologies to exercise their full range of human rights online and offline.
Influenced the Human Rights Council resolution on internet and human rights through a process that convened our network’s intelligence
APC co-organised a series of regional and global meetings to collect inputs to the Human Rights Council resolution on the internet and human rights. APC led the activities in Latin America, where we invited regional members Derechos Digitales, Intervozes and TEDIC to co-organise a survey and a workshop with us to share information on previous resolutions and collect regional priorities. Participants in the global workshop included diplomats and mission representatives. The final text approved was positive and did respond to some of the recommendations channelled through this process.
Provided direct support to the drafting of the report on Freedom of Expression and Gender Justice by the UN Special Rapporteur on Freedom of Expression
As part of APC’s ongoing interventions to support women human rights defenders, we organised three sessions at the 2021 Stockholm Internet Forum in which we intentionally involved our networks so that they were able to bring first-hand accounts of their experiences online and demands for more safe and secure online spaces for their activism.
These sessions and other initiatives consolidated a partnership with the UN Special Rapporteur on Freedom of Expression, which led to our direct support to her drafting of a report on Freedom of Expression and Gender Justice.
After the launch of the report, APC co-organised with the Special Rapporteur a side event to the UN General Assembly in November 2022, attended by more than 150 people and with the presence of UN Women, UNESCO, CEDAW, several high level diplomats and government representatives, as well as leading women's rights and digital rights civil society organisations.
Raised the importance of adopting a human rights and gender approach to cybersecurity discussions, trends and policies globally
After two years of negotiations, the Open-ended Working Group (OEWG) on developments in the field of information and telecommunications in the context of international security has adopted its final report.
The OEWG, established by the UN General Assembly's First Committee in late 2018, explored the issue of responsible behaviour of states in cyberspace by discussing existing and potential cyber threats and how to address them; cyber norms, rules and principles; confidence-building measures; how international law applies to cyberspace; capacity building on cybersecurity; and the possibility of establishing regular institutional dialogue to address these issues.
APC has followed the OEWG process since its inception, and from the First Substantive Session we expressed how critical it is to adopt a human rights and gender approach to cybersecurity discussions. The final report did refer to some of these concerns and its recommendations may end up having a significant influence on trends and policies in cybersecurity globally, with implications for human rights.
Recommendations by Derechos Digitales on artificial intelligence and inclusion in Latin America echoed in UN report on privacy
Artificial intelligence (AI) technologies are increasingly used in both the public and private spheres, which can have irreparable consequences if they are implemented without fundamental human rights considerations. Within the framework of the project "Artificial Intelligence and Inclusion in Latin America", Derechos Digitales has worked on case studies, reports, trainings and awareness-raising campaigns, identifying spaces for improvement and good practices.
In that context, Derechos Digitales presented the document “A Latin American perspective on the use of AI systems by the State”, their contribution on the right to privacy in the digital age to the United Nations. The recommendations made were echoed in the report "The right to privacy in the digital age" published in September 2021 by the UN High Commissioner for Human Rights. There, the High Commissioner discusses how automated decision-making and machine-learning technologies impact the right to privacy and other associated rights. It also criticises the use of AI in remote biometric recognition, a practice that puts at risk the exercise of rights such as freedom of expression, association, movement and peaceful assembly.
Jinbonet advocated for responses to digital surveillance in the workplace in South Korea
The Korean Progressive Network Jinbonet carried out the "Creating a Working Environment Without Digital Surveillance" project in 2021. They formed a task force for this project, including two national trade unions, the Korean Confederation of Trade Unions and the Federation of Korean Trade Unions, as well as experts from digital rights and workers’ rights groups. The task force conducted a survey on the status of digital labour monitoring, and published a research report and a guide to respond to labour monitoring. In addition, the main contents of the guide were distributed through brochures and websites, and made into a video that was released on YouTube.
On the policy side, Jinbonet drafted an alternative legislation and proposed it to the National Assembly through Kang Eun-mi, a National Assembly member from the Justice Party. These activities influenced the direction of the Personal Information Protection Commission, which announced that it would actively respond to labour monitoring issues in its 2022 business plan.
JCA-NET took action against biometric technology during the Tokyo Olympics
Japan’s choice to host the Olympics in the midst of the COVID-19 pandemic caused many problems. Local residents and homeless people were forcibly excluded under the pretext of building stadiums. National competitions became a means to provoke exaggerated nationalism and commercial events that failed to take sexual diversity into account. JCA-NET joined forces with many social movements to protest against the use of the Tokyo Olympics as a demonstration event for the introduction of biometric technology, especially on a large urban scale.
Together with a number of social movement organisations, JCA-NET launched a joint statement opposing the introduction of biometric technology. JCA-NET also supported the dissemination of information about the anti-Olympic movement on the internet, boycotting YouTube since Google was a sponsor of the Olympics, while supporting live streaming through open source platforms such as Jitsi-meet and OBS.
TEDIC and Personal Data Coalition presented bill to defend Paraguayans’ rights to privacy and personal data protection
TEDIC and the Personal Data Coalition (a collective of representatives of civil society, government and the private sector of which TEDIC is a founding member) presented a draft bill for the comprehensive protection of personal data in Paraguay. This was a huge milestone, since the draft bill was co-produced among members of civil society, the private sector and government officials.
The collaboration to produce the draft bill entailed face-to-face meetings as well as online work, which enabled the reception of more than 80 comments on the draft bill before it was officially submitted to the Chamber of Deputies. The ambitious bill includes regulations strongly inspired in European legislation, with interesting articles on algorithms, biometrics, metadata, and automation of processes and systems, among others.
TEDIC considers that the definition and regulation of those issues are key in providing legal certainty on operations and striking a balance between the protection of data subjects and the benefits offered by information and communication technologies.
Rudi International confirmed the positive impact of HakiConf, an annual conference on digital rights in DRC
In 2018, Rudi International hosted the inaugural edition of the Haki Conference (HakiConf), which is the only and largest conference on human rights in the digital age in the Democratic Republic of Congo (DRC). This conference was renewed with subsequent editions in 2019 and 2021, attracting an average of 400 participants every time, bringing together different stakeholders for meaningful conversations around digital rights in the DRC and the region.
After three editions of the conference, and with support from an APC research and campaign subgrant, Rudi International carried out an evaluation of the relevance, effectiveness and sustainability of the HakiConf since its inception, in order to inform its future.
The evaluation allowed Rudi International to verify the link between human rights and digital technology as intended and promoted by the Haki conferences, and the satisfaction expressed by the participants on their understanding of this link.
The results obtained showed that more than half of the respondents appreciate Rudi International’s initiative in organising the Haki conferences, with many elements cited as success factors, such as the possibilities for networking, the commitment and active participation of attendees, the sharing of quality information, the integration of regional aspects in the debates, and the pedagogical character of the conferences, among others. As another highlight, 80% of respondents wanted Rudi International to organise other conferences within the framework of the Haki conference. | https://www.apc.org/en/news/advocating-human-rights-online-and-offline-2021 |
Data Privacy in China is usually only mentioned in discussions on state surveillance, and the legitimate concerns it raises. A lesser known question is the development of obligations for companies towards consumers, i.e. consumer privacy rules. This post focuses on their evolution, culminating with China’s Cybersecurity Law and its guidelines, and their comparison with data privacy rules in the U.S. and the EU.
This post summarizes the main results of my law review article “China’s Approach on Data Privacy Law: A Third Way Between the U.S. and the EU?” to be published in the Penn State Journal of Law and International Affairs, vol. 8.1. It comprehensively details the results of a research that is part of my Ph.D earned from Shanghai Jiao Tong University. The present blog post only aims at “briefly” presenting the main findings in a more casual fashion.
This Post is Just a Summary… Download the Full Research Paper (free)
My complete article (60 pages), published in the Penn State Journal of Law & International Affairs in 2020, is on the Social Science Research Network (SSRN).
This post answers three main questions:
- How is China building its legal framework on data privacy?
- Where does it stand compared to the EU and U.S. approaches?
- What are the specificities of Chinese laws on personal information protection?
These are broad issues opening many doors, including for research in political science and international relations. So I might write future posts to deepen further the explanations (this one is already way too long!). Especially if you readers are interested in it (let me know).
Contents
- 1. Data privacy laws in China came 30 years later than in the EU and the U.S.
- 2. China’s Cybersecurity Law as a New Direction: Stronger Than the U.S., Not as Strict as the EU?
- 2.1. Where China Resembles More to the U.S.
- 2.2. Where Chinese Data Privacy Laws Converge with the EU Model
- 3. Data Privacy With Chinese Characteristics
- 4. Conclusion on Data Privacy in China
1. Data privacy laws in China came 30 years later than in the EU and the U.S.
When China started to enact data privacy rules, the EU and the U.S. had long-standing stances on the issue. The two approaches feature important differences (the result of two contrasting philosophies and rationales). Therefore, China had two models it could transplant rules from, with the goal of accelerating the building of its own framework, and to benefit from the EU and the U.S. data protection laws experiences (to learn more on legal transplantation mechanisms and theories, see this research on comparative law).
1.1. EU’s Strong Protection or U.S.’s Minimalist Approach: The Two Models for China
Rules on data protection appeared in the 1970s in both the U.S. and in Europe. At the international level, the OECD issued its Privacy Guidelines in 1980. The Council of Europe (which is not an EU body) published its Convention 108 in 1981. Given the political and economic conditions of China at that time, the country did not show signs of interest for these initial legal developments.
The U.S. and the European Union developed different approaches to data protection. The U.S. data privacy laws stick to a minimal approach where relevant rules are scattered through many laws with narrow scopes. There, data privacy rules find themselves limited by the right to freedom of speech, which is constitutionally protected. To this day, influential scholars oppose the passing of more protective privacy rules on the basis of freedom of speech.
On the other hand, the EU chose an approach that largely differs from that of the U.S. In 1995, it enacted the Data Protection Directive, designed to regulate all data-privacy issues (through the implementation of the Directive’s goals in each Member state’s domestic legal framework). This choice for a comprehensive data protection law represents a main difference with the U.S. approach. Most importantly, privacy and personal information protection are now fundamental rights in the EU1 and should receive strong protection as such. In 2018, the General Data Protection Regulation (GDPR) became directly applicable in all Member states, reinforcing the EU model and its stringent requirements.
Will China choose the EU or the US approach? Let‘s find out.
1.2. China’s Belated Building of its Legal Framework
For a more detailed overview of China’s legal evolutions, please refer to my article in the Penn State Journal of Law & International Affairs. I give a detailed presentation of the country’s evolution on data privacy, from the beginnings up to China’s Cybersecurity Law and the Personal Information Security Specification.
Laws on data privacy arrived in China decades after most Western countries. On the legal instruments, the country first hesitated between the EU approach (comprehensive data privacy law) and the U.S.’s (many narrow laws). Although China eventually started to develop its legal framework through sector-specific laws much like in the U.S., the country is now on the path of enacting a comprehensive data protection law (see below).
It has been argued that traditional Chinese culture was the cause for the lack of privacy protection. In my opinion, however, culturally similar regions show that the situation could have been different. Taiwan has data protection laws going beyond OECD standards. Hong Kong was the first jurisdiction in Asia to have enacted a comprehensive data privacy law. In mainland China, it’s rather the political situation, at a time when privacy was making a breakthrough at international and national levels, that decisively precluded the emergence of privacy protection and set China apart from the developments happening elsewhere.
China started a long march towards bringing out privacy and data protection rights with its Constitution from 1982,2 where the right to freedom and privacy of correspondence is protected under Article 40. Unfortunately, the Constitution cannot serve as the legal ground for a judicial decision or interpretation in China, which undermines the significance of these provisions.
Civil and criminal laws now provide privacy and personal information protection. Since 1986, the General Principles of the Civil Law (GPCL)3 protect the “right to reputation” and serve as a basis for privacy protection.4
On March 15, 2017, the GPCL received an update. They now provide rules for protection of personal data and underlines the responsibility of individuals and organizations (Article 111). The Criminal Law and its Amendment VII from 20095 sanction wrongdoings on privacy and personal information on several occasions.
Regulations of businesses’ use of personal data appeared following the emergence of innovations such as cloud computing and big data analytics, that convinced China to more vigorously regulate (a trend later further encouraged by Edward Snowden’s revelations and related fear over foreign intelligence practices).6
In December 2012, the Standing Committee of the National People’s Congress (NPC) promulgated the Decision on Strengthening Information Protection on Networks (the 2012 NPC Decision). Since this decision, China has made significant efforts and progress in terms of developing the protection of personal data, through including several principles and requirements as part of new rules. But rather than enacting a comprehensive data privacy law, China took a path resembling the U.S. approach. Data protection provisions were dispersed in laws for sectors such as banking and finance, consumer protection, postal services, healthcare, credit reporting, telecommunications and internet, etc.
China started to build this sector-specific data privacy protection framework following the line of the 2012 NPC Decision. For example, in 2013, the NPC’s Standing Committee updated the Consumer Protection Law,7 making data protection a distinct right for consumers in its Article 14. The law also includes the core data protection principles from the 2012 NPC Decision, especially on security and confidentiality, purpose specification and consent. Other examples exist for the Internet sector, the Credit Reporting Industry or for the protection of medical records.
This approach starts to change a bit with China’s Cybersecurity Law, which is the most important milestone in the country’s data protection legal landscape. Enacted on November 7, 2016 by the Standing Committee of the National People’s Congress, it entered into force on June 1, 2017. Requirements about data privacy are comprised among dispositions related to other aspects of cybersecurity. China’s Cybersecurity Law has a broader scope than previous laws and brings the country even closer to global standards. However, the most significant evolutions are in the non-binding guidelines accompanying the Cybersecurity Law, that I will call here the 2018 Specification.8 The following sections analyse the rules existing in these texts.
To understand why non-binding rules such as the 2018 Specification is particularly significant in the Chinese legal system, see my article in the Penn State Journal of Law & International Affairs.
2. China’s Cybersecurity Law as a New Direction: Stronger Than the U.S., Not as Strict as the EU?
China’s Cybersecurity Law is the latest legislation on data protection and privacy in China. It is accompanied by the 2018 Specification, a guidance dedicated to personal data security and privacy.
Dr. Hong, who led the drafters of the 2018 Specification, argues that this text is “stricter than the U.S., but not as much as the EU”. At a time when maybe TikTok is getting banned from the US for privacy and national security reasons, that statement may seem surprising. Given China’s late awakening to the issue and the state-surveillance problems, this declaration is indeed bold and conveys the need for a deeper analysis.
Such analysis of Chinese rules show that they maintain similarities with the U.S. approach on several elements. But China’s Cybersecurity Law, and mostly the 2018 Specification, also feature important signs of convergence with EU law. This is a significant change for China, in favor stronger data protection requirements than the U.S. but without going as far as the EU. Ultimately, it is the enforcement of those rules that will matter.
This Post is Just a Summary… Download the Full Research Paper (free)
My complete article (60 pages), published in the Penn State Journal of Law & International Affairs in 2020, is on the Social Science Research Network (SSRN).
2.1. Where China Resembles More to the U.S.
Requirements for Data Collection and Processing
The requirements for data collection and processing are low in both China and the U.S. The EU provides six different legal bases for the processing of personal data, with stringent obligations attached to them and notably rejects the concept of implicit consent. Neither the U.S. nor China go further than requiring a light implicit consent. While China’s Cybersecurity Law and the 2018 Specification do not use the term implicit, drafters of the specification later clarified that explicit consent is required only if the term explicit consent is expressly mentioned (e.g. for collecting sensitive information9), not where just consent is used.
Data breach Notification
Another topic where China’s data protection laws remain closer to the U.S. approach relates to data breach notification. In the U.S., requirements for data breach notification exist but are not as strict as in the EU.
Once a data breach occurs, the notification requirement obliges the entity in charge of the data to notify the supervisory authority and/or the affected individuals. Such obligations of notifying personal data breaches exist in the U.S. since 2002,10 with a large timeframe for notification, e.g. 30 days11 or even up to a reasonable time.12 A data breach notification requirement was absent from the EU Directive in 1995 (although included in some Member States national laws). Drawing on rules from Member States and the European Union Telecommunications Framework, the EU now goes further than both the OECD and the U.S. and compels data controllers to notify supervisory authorities of a security breach within 72 hours after it became aware of it.13
In China, the Cybersecurity Law requires data controllers to inform authorities as well as individuals in case of a data breach.14 The 2018 Specification gives more details and requires companies to draft a personal information security incident response plan and organize drills annually. In case of a breach, affected entities should record a set of information about the incident, assess its impact, and promptly report it. It further requires to promptly inform data subjects and provides a non-exhaustive list of information to be included in the notice.
But nowhere is the term “promptly” defined specifically. By requiring prompt notification, the Chinese legislator may want to gain more experience before setting a clear timeframe. Therefore, the new provisions of Chinese laws for data breach notification are an improvement, without being as strict as EU rules. It does resemble more the U.S. approach, where notification within a reasonable time is a common requirement.
Supervisory Authorities
The authority to which the notification should be made is not apprehended in the same way in the EU and the U.S. Europe requires an independent and dedicated authority. The U.S. does not provide for a regulatory oversight by an independent data protection authority, but rather a combination of “the US Federal Trade Commission, state attorneys general, the Federal Communications Commission, the Securities and Exchange Commission, the Consumer Financial Protection Bureau (and other financial and banking regulators), the Department of Health and Human Services, the Department of Education, the judicial system, and […] the US plaintiffs’ bar.”15 The FTC has grown to become the most important privacy enforcement agency in the US.
China’s Cybersecurity Law does not establish an independent authority dedicated to data privacy enforcement. The Cyberspace Administration of China is dominant in this role, but there are several regulators responsible for data protection enforcement efforts. Therefore, in a manner that recalls that of the U.S., there are several authorities in charge of enforcing privacy provisions on their own sector, and the allocation of competence is not always clear.16 China’s Cybersecurity Law did not change the situation that still resembles the U.S. approach more than the EU’s.
Hong Kong should overhaul its #DataPrivacy law soon. Here are some insights on the proposals, with my take on convergence with GDPR. https://t.co/ud8AG8Jkjy #EUdataP
— Emmanuel Pernot-Leplay (@EmmanuelPernot) February 7, 2020
2.2. Where Chinese Data Privacy Laws Converge with the EU Model
New Chinese rules on data privacy showcase transplants of EU rules, bringing more protection to individuals than most U.S. laws. Most come from the non-binding 2018 Specification, whereas China’s Cybersecurity Law is often too vague to soundly demonstrate convergence with EU rules.
Towards a Comprehensive Data Privacy Law: China’s Draft Personal Data Protection Law (from Oct. 2020)
First, China progressively moves towards the adoption of a single and comprehensive data protection law, as the EU promotes. To briefly summarize, rules for the Internet sector progressively gain in scope, up to the Cybersecurity Law which broadly targets “network operators” and the 2018 Specification which goes further and makes clear that it is applicable to “all types of organizations’ activities handling personal information,”17 in a similar way as the GDPR.
As a consequence of this trend, chances are high that China soon enacts a dedicated personal data protection law. The NPC Standing Committee’s Five-year Legislative Plan for the period 2018-2023 features a “Personal Information Protection Law”. The draft has been published in October 2020 (and promptly translated in English here). The drafting of this law was commented in 2019 by Zhang Yesui, spokesman for the second session of the 13th National People’s Congress, when he outlined that provisions on personal information were too scattered and so there is a need “to have a law specifically on the protection of personal information to form a unified force of regulation.”
The other main areas where China gets closer to EU rules concern obligations for data controllers towards data subjects. They mainly relate to limitations on data processing activities and direct rights for individuals. Explaining why, how and to what degree there is convergence here is crucial but requires longer explanations. I can only redirect you to the law review article I wrote to get this analysis. Here, for the sake of brevity, I will only skim over these issues.
Limits on Further Processing
The fact that personal data cannot be used for other purposes than those stated to the individual is also a clear requirement. Here, China is in the wake of the European rules and diverges from the U.S., which does not afford the same level of protection and for example allows internet providers to sell users’ data without their consent to this purpose.18
Data Minimization
The EU allows data collection and processing only to the extent that such data is necessary to the purpose specified – this is data minimization. This principle is either absent or very weak in U.S. legislation. China’s Cybersecurity Law requires a soft minimization, as network operators are forbidden to collect personal information unrelated to the services they provide. But the 2018 Specification clearly sets a strict data minimization principle, with data processing permitted for only what is necessary to the purposes.19 This is another example where the China Cybersecurity Law features loser requirements than the 2018 Specification itself closer to EU rules.
Sensitive Data
The sensitivity principle is a clear distinction between the EU and the U.S. It means that the processing of sensitive data should be subject to additional safeguards. The requirement exists in EU rules for data such as ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, criminal convictions and the processing of genetic data, biometric data.20 U.S. laws do not protect sensitive data in such a wide manner.
China leans towards the EU approach, but in its specific way. Even though the Cybersecurity Law does not provide any additional protection for sensitive data, the 2018 Specification does require it. However, the definition of sensitive data differs significantly with EU rules, where sensitive data are clearly listed. The 2018 Specification21 defines it as data that, if disclosed or altered, could endanger the safety of persons or property, harm personal reputation and physical or psychological health, lead to discriminatory treatment, etc. This risk-based definition is much broader than the GDPR’s.
Right to be Forgotten
The creation of a right to be forgotten in the EU was received with scepticism in the U.S.,22 where critics like Eugene Volokh, a prominent scholar on American constitutional law, oppose the right to be forgotten on the basis of freedom of speech that the First Amendment of the U.S. Constitution protects.
The conceptual differences between China and the United Nations over the right to freedom of expression are well known. In addition to that, free speech activists sometimes criticize the right as a way to facilitate censorship. This could lead to think that a right to be forgotten would be less problematic in China than in the U.S. However, in May 2016 (before the Cybersecurity Law took effect), the Haidian District People’s Court in Beijing ruled in favor of Baidu, China’s main search engine, against a plaintiff invoking the right to be forgotten, from his right of name and right of reputation. The judges ruled there was no right to be forgotten in Chinese law.
The right to erasure that exists in China’s Cybersecurity Law but is limited to the cases where the network operator has violated laws or agreements between the parties.23 The 2018 Specification is in line with this.24 It goes further by requiring controllers to also notify third parties to whom data have been shared to delete them, as does the GDPR, but the requirement is still only applicable where a law or an agreement has been breached. Therefore, on the one hand the right to deletion is more established in China than in most laws in the U.S. On the other hand, it remains narrower than EU rules. In the context of the drafting of the upcoming China’s comprehensive data protection law, several Chinese experts call for an extension of that right in the EU way.
Data Portability
The right to data portability allows individuals to ask an organization to port their data directly to another organization or to receive them in an interoperable format. In the U.S., data portability is required in California25 and for certain health data in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), but there is no overarching requirement. Data portability as a data right that spans across sectors is a novelty from the GDPR.26
China follows the EU direction in the 2018 Specification, that grants the data portability right to individuals. It requires data controllers to give their personal information to data subjects or directly transfer them to a third party. However, this right is more limited than in the EU because it concerns only individuals’ basic information and information about their identities, and health, psychological, education and work information.27 It is another example where China offers more data rights than the U.S. without going as far as the EU.
Automated Decision-making and Profiling
Finally, another area where China follows the EU in enhancing individuals’ rights is the restrictions on automated decision-making, including through profiling. In the EU, a “data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.”28 This requirement is a feature that is specific to the EU approach on data protection.29 In the U.S., there are no similar general prohibition on decisions based solely on automated decision-making.30 U.S. residents do, however, enjoy certain rights to information or to contest in certain situations under specific laws, such as the Fair Credit Reporting Act or the Equal Credit Opportunity Act.
China’s Cybersecurity Law does not mention automated processing or profiling, nor did previous Chinese laws. The 2018 Specification is the first legal instrument to define profiling31 and to require that in case of an automated decision-making, the data controller should provide means for data subjects to lodge a complaint.32
This Post is Just a Summary… Download the Full Research Paper (free)
My complete article (60 pages), published in the Penn State Journal of Law & International Affairs in 2020, is on the Social Science Research Network (SSRN).
3. Data Privacy With Chinese Characteristics
The previous developments compared Chinese rules with foreign models. But China showcases significant characteristics which are not found in either the EU or the U.S. approaches. These express China’s own rationale on personal data protection.
3.1. Data Localization and Cross-Border Data Transfers: Impacts of China’s Cyber-Sovereignty Principle
Data localization provisions (requiring that at least a copy of personal data should remain within the country’s border) and restrictions applied to cross-border transfers of personal data are among the most contentious legal elements, featuring the less convergence between the three approaches. It is also where Chinese laws show most of their specificities, but are the fuzziest so far.
In the absence of an international treaty to which the EU, the U.S. and China would be parties, they each regulate data exchanges pursuant to their own requirements and philosophies. The U.S way is the simplest, as there are no special requirements for transferring personal data from the U.S. to a third country. The U.S. is also among the strongest opponents to data localization restrictions, seen as trade barriers.33 However, the US does practice some control over foreign data access by way of national security reviews. When a foreign actor invests in a US data controller, it may have to go through such review, which can result in blocking the deal. This is a way for the US to tackle the weaponization of personal data by foreign states.
EU law is more restrictive but has no data localization requirement to oblige certain personal information to remain within Europe. However, cross-border data transfers can happen only when respecting the level of protection set by the GDPR, therefore to third countries with a level of data protection which the European Commission recognizes as equivalent to the EU’s, or by using appropriate safeguards such as standard contractual clauses or binding corporate rules. This difference with the U.S. has been labelled as a “dramatic distinction” by legal scholars.34
In China, the Cybersecurity Law establishes the principle of cyberspace sovereignty, or cyber-sovereignty, which impact this issue.35 Cyber-sovereignty is part of the broader cyber-strategy of China and geopolitical stance. Pursuant to this concept, the cyberspace is subordinated to the interests and values of a country within its borders, i.e. the application of state sovereignty to cyberspace; it’s opposed to the multi-stakeholder governance model that supports a free and open Internet. The cyber sovereignty concept was spurred by Edward Snowden’s revelations on foreign access to population and national security confidential data and embraced by China. To ensure its sovereignty over the cyberspace, a country may exert control over the Internet architecture, content, and data flows (exports but also imports, e.g. by blocking foreign content), often for security purposes.
Regarding personal information protection, China’s cyber sovereignty principle engenders data localization requirements and restrictions on cross-border data transfers. Article 37 of China’s Cybersecurity Law requires “critical information infrastructure operators” that gather or produce personal information or important data during operations in China to store it in China. Those can be transferred out of the country, when it is truly necessary and after a security assessment (that has yet to be defined). These provisions were set to take effect months later than the rest of the Cybersecurity Law to grant companies more time to adapt.36 However, the enforcement of those dispositions have been further postponed, sine die. While the press reported that this is meant to avoid exacerbating tensions amid the trade war context, the delay is also explained by the missing of guidelines and texts that should bring more precision to the vague and ambiguous data-transfer provisions. This, also, illustrates the great reliance on non-binding rules for the Cybersecurity Law to be effectively enforced.
Data localization and restrictions on data transfers provisions are at the crossroads of China’s concerns involving privacy, surveillance, sovereignty and economic development. They are all addressed within China’s Cybersecurity Law. Compared with EU and U.S. rules, they serve the need to retain data within the jurisdiction based on a rationale that goes beyond data privacy.
3.2. Surveillance and Privacy: The Data Protection Dichotomy in China
What is striking in China’s system is the difference between the strengthening of protection against private entities and the parallel increase of government’s access to personal data, as there is still no significant privacy protection against government intrusion.
Whereas the rights to privacy and data protection evolved favorably for the individuals/consumers in their relations with the private sector, considerable criticism still exists when those rights are assessed in the context of the relation between the citizen and the government, particularly for surveillance issues. A previous comparative study made by James D. Fry, Hong Kong Faculty of Law Professor, found that many rules exist in the U.S. to regulate surveillance activities, whereas the very few dispositions existing in China are inoperative in practice.37
In contrast, Chinese laws protect better and better individuals’ rights against private entities holding their data and grant them more control over it. However, these progresses are counterbalanced by the increase of the government’s access to data, spurred by innovations such as facial recognition. This dichotomy is observable in the Cybersecurity Law itself, which provides personal data protection but also contains articles limiting it on the basis of public and national security, such as building backdoors into software.
The Chinese rationale is different from both the EU and the U.S. approaches. In China, it is the Chinese consumer’s data privacy protection that progresses, rather than a citizen’s (see my article in the Penn State Journal of Law & International Affairs for more details). This explains why individuals are gaining significant data protection rights in the private sectors but “cannot claim any remedies for the infringements of their privacy carried out by the state government.”38
To reinforce the issue, cybersecurity is conceptualized as a component of national security. China’s Cybersecurity Law indeed follows the enactment of the National Security Law,39 which touches on personal data aspects where it allows the government to access information, and the Counterterrorism Law40 which also contains provisions related to cybersecurity and data protection. The inherent consequence of this political and legal framework is that the collective interest outweighs individual freedoms and data privacy. The social credit system rating citizens, for law enforcement purposes, is a result of such balancing of interests. As says Xue Lan, former dean of the School of Public Policy and Management at Tsinghua University, “facial recognition may infringe on personal privacy to a certain degree, but it also brings a collective benefit, so it is a question of how to balance individual and societal benefits.”
This balance also goes the way of personal data protection. Despite this context and in contrary to a popular belief, Chinese people worry about the privacy of their personal data. According to a recent survey by the China Consumers Association, 85% of people suffered a data leak, spurring public anger. The leakage of personal data indeed grew to unbearable levels. In 2016, it caused an RMB 91.5 billion loss to the Chinese economy (about USD 13 billion). In addition, dramatic cases making the headlines move the public opinion and stimulate the debate around personal data protection. For example, the Xu Yuyu case: following the disclosure of personal information, a scammer stole this 18-year-old student’s money that her family had saved for her to go to college. The young girl then died of heart attack on the way back from the police station.
Facing this situation, China’s government has to act and better protect individuals’ data privacy. With a dual objective: Chinese consumers trust in the digital economy strengthens while the government becomes a privacy protector. China’s challenge is to secure the flow of personal data that is vital for the development of the digital economy, while ensuring government’s control. This explains why, on the one hand, concerns rise about surveillance – e.g. around the social credit system and facial recognition – while on the other hand, new rules go beyond the minimalist protections as found in the U.S., and towards the more protective EU model. This forms China’s dual approach on personal data protection.
4. Conclusion on Data Privacy in China
China’s stance on data protection is the source of a lot of fear, controversies and skepticism. Whereas the protection of personal information was indeed lacking until recently, the country is now building its framework at a rapid pace.
This post shows that China gradually builds a data privacy system through legal transplantations from both EU and U.S. laws. It initially resembled the U.S. minimalist approach and now shows signs of convergence with the more stringent EU model. There are high chances that this trend will continue. The law dedicated to data privacy that is on China’s legislative agenda should be the next milestone in that direction.
China’s approach is not merely a transplantation of EU and U.S. rules. Cyber-sovereignty and the dichotomy between privacy from private actors and privacy from the state are the most salient elements of the model that China is building. Given the country’s ambitions related to its cyber strategy, China’s voice on data privacy will have an increasing impact.
Currently, China is also shaping the related artificial intelligence regulations that are intertwined with personal data usage. Unlike for personal data protection stricto sensu, China is not a latecomer here and will now be able to push its vision on AI rules, and participate with the EU and the U.S to the competition for global regulatory clout. China’s significant improvements concerning consumer privacy will, hopefully, infuse into China’s future AI regulations.
Footnotes
- In its Article 8, the Charter of Fundamental Rights in the European Union provides that everyone has the right to the protection of personal data, which should be processed on a legitimate legal basis such as consent, that everyone has the right of access to their personal data and the right to have it rectified, and that an independent authority shall control compliance with these rules; European Union, Charter of Fundamental Rights of the European Union, ratified December 7, 2000, Art. 8.
- Constitution of the People’s Republic of China, 4 December 1982
- General Principles of the Civil Law of the People’s Republic of China, promulgated on April 12, 1986 and came into force on January 1, 1987.
- For further discussion of the protection of privacy by the GPCL, see Graham Greenleaf, Asian data privacy laws : trade and human rights perspectives 200–201 (2014).
- Criminal Law of the People’s Republic of China, adopted on July 1, 1979 (Criminal Law) and Amendment Seven to the Criminal Law, adopted on February 28, 2009.
- As underlined by Graham Webster, in a lecture given at New York University, Shanghai campus, December 6, 2017.
- Decision on Amending the PRC Law on the Protection of Consumer Rights and Interests, adopted by the Standing Committee of the Twelfth National People’s Congress on October 25, 2013, and took effect on March 15, 2014. Here is a translation of the law.
- The “Information Security Technology – Personal Information Security Specification – (GB/T 35273-2017)” has been issued by the National Information Technology Standardization Technical Committee (the TC260) on December 29, 2017 and took effect on May 1, 2018. The TC260 is jointly supervised by the Standardization Administration of China and the Cyberspace Administration of China for the purpose of setting standards.
- 2018 Specification, Article 5.5.
- California S.B. 1386, effective on July 1, 2003 (California Data Security Breach Notification Law).
- E.g. in Colorado, where notification to the affected Colorado residents must be made within thirty days after the determination that a breach occurred, see Colorado Consumer Data Privacy Law at Sec. 3 (2).
- California Data Security Breach Notification Law, 1798.29.(a) and 1798.82.(a): “The disclosure shall be made in the most expedient time possible and without unreasonable delay.”
- GDPR, Article 33(1).
- China’s Cybersecurity Law, art. 42: “When the leak, destruction or loss of personal information occur, or might occur, remedial measures shall be immediately taken, and provisions followed to promptly inform users and to make report to the competent departments in accordance with regulations.”
- Alan Charles Raul, Frances Faircloth & Vivek K Mohan, United States – The Privacy, Data Protection and Cybersecurity Law Review 269 (Edition 4 ed. 2017).
- Bo Zhao & G.P. (Jeanne) Mifsud Bonnici, Protecting EU citizens’ personal data in China: a reality or a fantasy?, 24 International Journal of Law and Information Technology 128–150, 135 (2016).
- 2018 Specification, art. 1.
- In October 2016, the Federal Communications Commission (FCC) approved new rules for enhancing customers’ privacy on the internet, forbidding internet providers from selling personal information such as browsing history, app usage or mobile location without the customers’ explicit consent to this purpose. However, as other Obama administration’s data protection initiatives, it has been repealed by the Republicans, in 2017. See Brian Fung, The House just voted to wipe away the FCC’s landmark Internet privacy protections, The Washington Post, March 28, 2017.
- 2018 Specification, Article 4(d): “Minimization Principle: Unless otherwise agreed by the data subject, only process the minimum types and quantity of personal information necessary for the purposes for which the authorized consent is obtained from the data subject. After the purposes have been achieved, the personal information should be deleted promptly according to the agreement.”
- GDPR, Articles 9 and 10.
- 2018 Specification, Article 3.2.
- Steven C. Bennett, The Right to Be Forgotten: Reconciling EU and US Perspectives, 30 Berkeley J. Int’l L. 161, 164–168. Most negative reactions revolved around supposed inconsistencies with the freedom of expression and interference with business demands for data.
- Cybersecurity Law, art. 43.
- 2018 Specifications art. 7.6.
- CCPA, § 1798.100.(d).
- GDPR, art. 20.
- 2018 Specifications art. 7(9).
- GDPR art. 22(1). This provision is subject to several exceptions, stated in art. 22(2).
- Graham Greenleaf, The influence of European data privacy standards outside Europe: implications for globalization of Convention 108, 2 Int’l Data Priv. L. 68, 74 (2012).
- Gabriela Bodea et al., Automated decision-making on the basis of personal data that has been transferred from the EU to companies certified under the EU-U.S. Privacy Shield (Fact-finding and assessment of safeguards provided by U.S. law), European Commission 40 (2018).
- 2018 Specification art. 3.7.
- 2018 Specification art. 7.10: “When a decision is made on the basis of information system automated decision-making and has significant impact on the data subject’s rights and interests (for example, when user profiling determines personal credit and loan amounts, or in user profiling for interview screening), the data controller should provide means for data subjects to lodge a complaint.”
- John Selby, Data localization laws: trade barriers or legitimate responses to cybersecurity risks, or both?, 25 Int’l J. L. and Info. Tech. 213 (2017).
- Schwartz, at 1977.
- Cybersecurity Law, art. 1: “This law is formulated in order to ensure cybersecurity; safeguard cyberspace sovereignty and national security, and social and public interests; protect the lawful rights and interests of citizens, legal persons and other organizations; and promote the healthy development of the informatization of the economy and society.”
- Cross-border data transfers rules were set to enter into force on December 31, 2018, whereas the Cybersecurity Law took effect June 1, 2017.
- James D. Fry, Privacy, predictability and internet surveillance in the US and China: Better the devil you know, 37 U. Pa. J. Int’l L. 419 (2015).
- Lee, Jyh-An Lee, Hacking into China’s Cybersecurity Law, 53 Wake Forest L. Rev. (2018), at 101. Lee further states that “While the government has endeavored to continuously enhance the human rights protection it offers, the actions of the state government itself is mostly unconstrained by fundamental human rights.” The lack of access to effective remedies goes against another fundamental right in the EU, the right to an effective remedy and to a fair trial, which, at a higher level, is also part of the EU approach on data protection.
- National Security Law, promulgated the Standing Committee of the National People’s Congress on July 1, 2015, effective on July 1, 2015.
- The Counterterrorism Law passed by the NPC on December 27, 2015 and came into effect on January 1, 2016. | https://pernot-leplay.com/data-privacy-law-china-comparison-europe-usa/ |
There were, however, other arguments as well. In all of the judgments, for example, we find references to how the constitutional meaning is not fixed or static at its point of origin, but must evolve with time; or, in other words, the Constitution is a “living document.” This argument was fleshed out in the greatest detail in Justice Kaul’s opinion, in a full section titled “The Constitution of India – A Living Document” (paras 23 – 49). Justice Kaul argued that the Constitution must be continuously updated to keep up with the times, and that it has certain “core values” that “manifest themselves differently in different ages, situations and conditions.” (para 40) The values themselves were derived from the Preamble, with dignity given pride of place.
The arguments against the living constitutionalism approach to constitutional interpretation are well-known, and need not be rehearsed here. What is disappointing about Puttaswamy is that (with a couple of exceptions that I shall come to), the judges did not address them at all. In one paragraph, Justice Kaul pointed out that the framers themselves were aware of changing realities, and consequently, faithfulness towards their “original intent” would itself require a dynamic and innovative approach to constitutional interpretation (para 31). That is not enough, however: one cannot simply argue that the Constitution should be interpreted dynamically, and stop at that. There must be standards that guide this organic interpretation, standards that go beyond invocations judicial wisdom. The Preamble itself, with its broad principles, underdetermines this enquiry. From time to time, the judgments referred to the freedom struggle (paragraphs 111 and 115, Chandrachud J; paragraph 18, Chelameswar J), but once again, there was little discussion on what, precisely, was the connection between the freedom movement, and the interpretation of the Constitution.
The problem is quite simply this: we may agree that the Constitution lives and grows, but in which direction ought it to grow, at what pace? How do we know what is “organic growth”? To simply say that the Constitution adapts and evolves with the times, and that judges are charged with updating it, is not enough (what if, for example, the change in social attitudes is towards the contraction of rights instead of their expansion?). There needs to be an interpretive approach that is grounded in the constitutional text, its structure, its history, and the social and political circumstances in which it was drafted, and the broad problems that it was designed to respond to.
This is crucial, because it acknowledges that no credible interpretation of the Constitution can afford to ignore its text. Issues of structure, purpose, political ethos, and framework values must supplement the text, but they cannot supplant it (readers will recognise a broad similarity with Dworkin’s approach of “law as integrity” here). Judicial discretion is, of course, a central part of the interpretive exercise, but that discretion must be shaped by the constitutional text, structure, history, and overall purposes. It cannot simply reflect a judge’s view of how the Constitution is to be updated with the changing times, within the over-broad framework of the Preamble.
Both the plurality and Justice Nariman expressly overruled the notorious judgment of the Supreme Court in ADM Jabalpur vs Shivakant Shukla. Recall that in ADM Jabalpur, the Court had upheld the suspension of habeas corpus during a proclamation of Emergency, on the basis – among other things – that the source of rights was confined to the four corners of the Constitution itself – and given that the Constitution itself authorised their suspension in an Emergency, there was no basis on which detainees could move Court and claim any rights. In Puttaswamy, a majority overruled ADM Jabalpur on this specific point, and held that there were certain rights that could be called “natural rights”, inhering in people simply by virtue of their being human. The Constitution did not create such rights, but only recognised them.
Variants of this statement were repeated at various points in his judgment, and in paragraph 119, ADM Jabalpur was overruled on this ground.
But if privacy is a “natural right” whose existence is only recognised by the Constitution, then two questions arise, neither of which (in my view) were answered satisfactorily by the bench. The first is: how do you determine the content of natural rights? In the history of natural law theorising, at one point, the doctrines of the church were believed to be the source of natural rights; at another point, human reason replaced canon law; Justice Bobde referred to “universal moral agreement”; and Justice Nariman invoked international law (in particular, the Universal Declaration of Human Rights). In my view, however, if the judgments were going to take the significant step of overruling ADM Jabalpur, and unequivocally stating that the source of (at least a few) fundamental rights is natural law, then it was incumbent upon them to develop at least the basics of an interpretive approach towards identifying the content of natural law. We face here the same problem as we did with the living constitutionalism approach: ultimately, without clear standards, there is too much power in the hands of the judges. Today, liberal judges may seek to expand rights by incorporating a “natural right” to privacy, that predates and pre-exists the Constitution; but what is to stop a judge, in the future, from invoking his own conception of natural rights (or, for that matter, natural duties) to contract liberty?
Consequently, on the issue of whether natural rights, which pre-date the Constitution, are the sources of fundamental rights, the Court was not unanimous; rather, it split 8 – 1, with Chelameswar J the lone dissent. This, however, raises another question: what if, tomorrow, a fresh constitutional convention was called, the Constitution replaced, and a new Constitution brought in to substitute it? What if that Constitution (for example) expressly stated that privacy was not a fundamental right, or expressly espoused an hierarchical, anti-egalitarian ordering of society? Would the natural rights continue to exist and be enforced by the Court, notwithstanding the terms of the new Constitution? On the majority’s view, the answer would have to be yes.
Perhaps, though, if things came to that, we’d all have more pressing worries.
Puttaswamy advanced two important theoretical propositions about constitutional law. The first was the doctrine of living constitutionalism, and the second was the endorsement of natural rights. I have my reservations about both propositions, but in this essay, my point has been that they needed a substantially stronger defence than what we find in Puttaswamy. That task, perhaps, is now left to future benches. | https://www.livelaw.in/supreme-courts-right-privacy-judgment-ix-living-constitutionalism-natural-law-interpretive-issues/ |
Approximately 52 000 Ukrainian refugees are assessed as seeking protection in Sweden this year, according to the Swedish Immigration Service's latest forecast – which is a decrease from the previous main scenario.
At the same time, the agency warns that there is great uncertainty about how the war in Ukraine can develop.
In this year's last forecast, Migrationsverket writes down the main scenario for the number of refugees from Ukraine from 55 000 to about 52 000, according to a press release.
So far, around 49 000 people who have fled Ukraine have sought protection in Sweden, and in the autumn between 300 and 400 applications have been registered a week.
"There are higher scenarios"
For 2023, the Migration Agency's previous main scenario of approximately 15 000 protection applicants remains, but the Authority also notes that more people may leave Ukraine.
"A further escalation of the war cannot, however, be ruled out. We therefore have a higher scenario that means that significantly more, up to 100,000 people, can seek shelter in Sweden during 2023," says Annika Gottberg, planning director at Migrationsverket, in the press release.
However, the Authority considers that the refugees will mainly go to neighboring countries.
Legislative amendment not taken into account
In October, the EU announced the extension of temporary protection under the mass refugee directive to 4 March 2024, and already in the July forecast Migrationsverket started from the extension of the directive for another year, which means that reception costs will increase in 2023 and 2024.
"In the budget proposal for 2023, the Government provides funds according to the needs we have reported for the next two years, which is positive. It is primarily about compensation for municipalities, regions and people who have received protection," says Annika Gottberg in the press release.
The Swedish Immigration Service's forecasts are based on the legislation that applies and any proposals that have been submitted – and future legislative changes announced by the Government in the Tidö Agreement are therefore not taken into account in the forecast, says the agency.
Facts: Number of refugees from Ukraine, according to the Swedish Immigration Service's calculations
Migrationsverket estimates that 52 000 people from Ukraine will seek protection in Sweden in 2022 – a reduction from an earlier estimate of 55 000 people.
So far, some 49 000 people from Ukraine have sought protection in Sweden.
As far as 2023 is concerned, in its main scenario, the Migration Agency estimates that 15 000 people from Ukraine will seek refuge in Sweden.
In a higher scenario, the agency calculates instead that the figure can land at 100 000 people. In a lower scenario, the figure is instead 8 000 people.
Source: Migrationsverket. | https://www.riedia.com/app/article/637de89d03c8bd053fc315cd/fewer-refugees-expected-ukraine-year/ |
How to cite this study
Blackwell, M., A. Pagoulatos, W. Hu, and K. Auchter. 2009. “Recreational demand for equestrian trail-riding.” Agricultural and Resource Economics Review 38(2): 229-239.
Overview
This study found that the distance between a user’s home and the trailhead is the most important factor in determining how frequently a trail is used, though proximity alone is not enough if the trail lacks other equestrian-friendly characteristics. To provide the greatest benefit to equestrian users, land managers can look for opportunities to enhance existing trails near population centers with an avid equestrian population.
Relevance
This study would be of interest to those who want to understand how equestrian trail ridership varies based on the distance people have to travel to reach the trail. The authors’ approach of aggregating trail characteristics into a single index gives all characteristics equal weight, when other research (see 36, 38) has shown that it is often one or two characteristics that have the biggest effect. A more recent study (see 38) identifies specific trail characteristics appealing to equestrian users.
Location
The trails included in this study were in Kentucky and within a 150-mile radius of Lexington, population 300,843 in 2013.
Trail Type
The study included 29 randomly-selected trail systems, all of which were open to equestrian use.
Purpose
The purpose of the study is to identify why users visit a particular trail multiple times, information that can be used to inform decisions of where to locate future equestrian trails or enhance existing ones. This study was conducted by university researchers; the specific funding source is not provided.
Findings
- On average, respondents took 11 trips per year and traveled 66 miles to reach the trailhead.
- On average, trailheads eight miles closer to a respondent’s home received one extra visit per year.
- Adding one additional amenity to a trail – making it longer than 15 miles, adding scenic overlooks, installing trail markers, providing water along the trail, developing backcountry camping, or developing full-service camping and horse facilities at the trailhead – would increase the average number of user visits by four per year.
- The average trail user’s monetized benefit, or “consumer surplus,” is $484 per trip. This is a measure of their well-being, in dollar terms, beyond what they have to spend to travel to the trailhead.
- For every ten miles closer a trailhead is to a respondent’s home, their monetized benefit increases by $115. In other words, it increases their personal benefit by 24 percent.
Methods
The authors administered a survey at trailheads, through trail-riding club meetings, and online through trail-riding clubs, and received 188 responses. This sampling approach does not allow one to calculate a response rate. Respondents were asked about the number of day and overnight trips to a trail in the previous year; the number of nights in different accommodations; their gender, age, education and income; and their zipcode. From the respondent’s zipcode, the authors calculated the distance a respondent traveled to a particular site.
The authors constructed a trail quality index, which is the sum of seven yes/no characteristics: whether it is a loop, if the trail is longer than 15 miles, if there are scenic overlooks, if there are trail markers, if there is water along the trail, if there is back-country camping, and if there is full-service camping and horse facilities. The index was adjusted to be on a 0 to 100 scale.
The authors use a statistical model to predict the number of times a trail user will visit a trail, based on the time it took a respondent to travel there, the trail quality index, and respondent demographics. From this statistical model the authors calculate the benefit to trail users, in monetary terms, for a day spent using the trails. | https://headwaterseconomics.org/trail/39-recreational-demand-equestrian-trail-riding/ |
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CBSE Board Exam Date Sheet 2023: The Central Board of Secondary Education (CBSE) has been anticipated to release CBSE date sheet 2023 by the first week of December 2022 for several days now. However, the board has made no public or unofficial comments on the matter. Meanwhile, on December 1, the CISCE board announced its date sheet for both the 10th and 12th grades. According to prior years' patterns, these national boards' exam date sheets are always issued around the same time, sooner or later. As a result, CBSE board exam date sheet 2023 is most likely to be issued today. The CBSE date sheet will be available on the board's official website, cbse.gov.in, once it is released.
CBSE 12th Date Sheet 2023 (Out)
CBSE 10th Date Sheet 2023 (Out)
Latest Update: “CBSE Date sheet depends on a lot of examinations," said the source close to Sanyam Bhardwaj, CBSE Controller of Examinations. "Once the confirmation is received from NTA and other authorities regarding various exams, CBSE 10th, 12th date sheet 2023 would be released as well.” [Souce: Times Now]
CBSE always publishes date sheets for both the 10th and 12th grades on the same day. The board announced CBSE exam date 2023 with the publication of the previous academic year's results, indicating that the board examinations for AY 2022-23 will commence on February 15, 2023, simultaneously for 10th and 12th grades. Check out the board's announcement here:
Given that class 10th subjects are fewer in number than that of class 12th, the CBSE 10th 2023 exam is likely to end by the last week of March; while the CBSE 12th 2023 exam will close by the first week of April. The board will convey the practical examination date sheet later on but as per a recent circular, CBSE 2023 practical exam will begin on January 01, 2023. The pre-boards for the Delhi region are to begin on December 15, 2022 and will be conducted under the authority of the respective schools.
CBSE Board Exam Date 2023
Important confirmed and expected dates for the CBSE 10th, 12th 2023 exam are framed in the table below: -
Event
Dates
Release of CBSE Date Sheet 2023
Expected This Week
Commencement of CBSE Board Exam 2023
February 15, 2023 (Confirmed)
Commencement of CBSE Practical Exam 2023
January 01, 2023 (Confirmed)
CBSE Exam Date 2023 Class 10
February 15 to March 2023 (Last Week)
CBSE Exam Date 2023 Class 12
February 15 to April 2023 (First Week)
Get all the latest updates on the CBSE Board Exam Date Sheet 2023 by following the live blog here: | https://www.collegedekho.com/news/cbse-board-exam-2023-live-updates-class-10-12-date-sheet-today-at-cbse-gov-in-33703/ |
The equity totals shown above the graph give a holistic summary of how much your equity is worth for each equity type; in the case of the screenshot above, the equity type is Options.
- Equity value – This denotes the total value of your equity, by the end of the selected vesting period years, e.g. 4 years, minus any exercise price to produce the net value.
- When the gross equity configuration is enabled, exercise price will not be removed from this total.
- Shares – The share count below the et Equity Value shows the total number of shares you own across all your grants, both vested and unvested.
- Vested – The total number of shares and their value that have vested across all your grants for this equity type.
- Vesting does not indicate that the shares have been released or sold.
- Unvested – The total number of shares and their value that are yet to vest across all your grants.
Equity Slider
The equity slider is used to model growth over a specified time period across the user’s equity types. Currently, growth is only modeled based on one of two attributes:
- Share price
- Company valuation
The time period is generally 4 years to keep in line with the majority of vesting schedules.
It’s important to note that when the slider is adjusted, the growth shown in the UI below is growth modeled over 4 years, not for the current year. This is described by the green total on the right which shows the expected company valuation or share price in 4 years. In the example screenshot above, $4.5 billion if the company 2x’s in 4 years time. Based on the predicted valuation you set, you will see growth displayed evenly across the 4 years.
Milestones
Milestones show the valuations of other companies in relation to your own company’s growth on the slider. These show up as flags on the slider and can be hovered to show additional detail about the milestone. (Your slider may or may not have milestones depending on your company’s configuration.)
Growth Graph
1. The bar chart shows separated colors in each bar to denote different types of equity growth in that year. For the 2023 column you can see:
- Light green: shares vesting in that year
- Dark green: growth of vested stock from all previous years at the net equity value difference between the current year and previous years. For example, based on the screenshot above, previous shares vested:
- 2020 - 0
- 2021- 4,200
- 2022 - 3,412.5
Exercise price: $3.50
Net equity difference = (2023 share price - exercise price) - (2022 share price - exercise price)
- E.g. ($11.89 - $3.50) - ($10.00 - $3.50) = $1.189
2023 growth of vested stock = (Sum of all previous vested shares) * net equity difference
- E.g. (0 + 4,200 + 3,412.5) *$1.189* = $14,387.625
$14.4k of growth (rounded up)
We do this for each bar, or year, in the graph.
2. The graph bar tooltip shows a breakdown of the equity for that year:
- At the top, we show the total amount: Growth of previously vested + newly vested for that year.
- We show the total growth value of previously vested shares. In this case 1.19x.
- We also show a breakdown of the newly vested shares from each grant for that year at that year’s share price. In the screenshot above, there are two grants with vested shares for 2023.
3. The X axis of the graph shows the modeled growth for either valuation or share price, based on the value set by the equity slider.
- In the example screenshot above, the equity slider is set to 2x and share price, so the growth for each year shows as:
- 2022: $10.00 (current share price)
- 2023: $11.89
- 2024: $14.14
- 2025: $16.82
- 2026: $20.00 (reaching 2x in 4 year’s time)
Equity summary
The Equity Summary section shows a detailed summary of equity for each type, which can be broken down by individual grants. We also show the vesting progress for grants and the equity as a whole.
- Here we show the vesting progress of all grants, their associated dates, values, and a progress bar. The progress is calculated by dividing the number of vested shares by the total number of shares, and then multiplying by 100. Example:
- 393.75 / 3,150 = 0.125
- 0.125 * 100 = 12.5%
- We also calculate values of those grants as well. The calculation is shown in the UI under “Grant Details For”.
We also see the total number of shares in the grant and the assumed share price with descriptions on each.
Exercise price is also shown which is the amount it will cost the person to purchase each share in their grant, not including any taxes they have to pay. We deduct this amount when calculating the net grant value.
Additional notes
- Rounding: While the UI shows some numbers rounded, this is done for ease of visuals only. All calculations under the hood are done using the actuals. | https://support.pave.com/hc/en-us/articles/5852918828823-Understanding-Equity-in-Total-Rewards |
Military members may receive a 4.6% pay increase in 2023, according to a defense budget draft. It's the largest military pay raise in two years, but it might not be enough to keep up with inflation, which was 8.6% in June, according to the Bureau of Labor Statistics. If passed, military pay increases will go into effect on Jan. 1, 2023.
Military Retirement Pay Military
www.military.com/benefits/military-pay/retired-pay
If you began your military service before Sep. 7, 1980, you're eligible for the Final Pay Retirement system. Your retired pay is calculated by multiplying your final base pay by 2.5% for every year…
Retirement U S Department Of Defense
militarypay.defense.gov/Pay/Retirement/calc/
For both the Final Pay and High-36 retired pay plans, each year of service is worth 2.5% toward the retirement multiplier. For example, 20 years of service would equal a 50% multiplier. The years…
Calculators U S Department Of Defense
militarypay.defense.gov/Calculators/Active-Duty-Retirement/High-36-Calculator/
Final Pay Calculator – This calculator estimates your retirement benefits under the Final Pay retirement plan, for those members who first joined prior to September 8, 1980. REDUX Calculator – This calculator estimates your retirement benefits under the REDUX retirement plan for those who opted for the Career Status Bonus at 15 years of service …
2023 Military Pay Chart 4 6 All Pay Grades Navycs
www.navycs.com/charts/2023-military-pay-chart.html
According to law defined in U.S.C. Title 37 Chapter 19, §1009, this morning's release will be the military pay raise percentage for 2023 unless a separate action is taken by the President or Congress. Based on this morning's release, the pay raise will be 4.6 percent, and if ultimately approved, it will become effective January 1, 2023.
Military Retirement Pay VA
va.org/estimating-retirement-pay/
Twenty years of active-duty military service is required to qualify for retirement from active duty. To calculate estimating retirement pay: Basic Pay × Number of Years Active-Duty × 2.5%. For example, if an individual is an E-6 with 20 years of military service and a basic pay of $3,243.30 per month, the equation would run:
What To Expect From The Social Security Cost Of Living Adjustment
www.forbes.com/sites/davidrae/2022/10/06/when-will-the-social-security-cola-increase-for-2023-be-announced/
The 2023 COLA is based on the CPI-W from the third quarter of 2022. The cost-of-living increases are rounded to the nearest one-tenth of 1%. Looking back, the CPI for August was 8.3%, while the …
Military Retirement Calculators Military Benefits
veteran.com/military-retirement-calculators/
RMC Calculator: Regular Military Compensation (RMC) represents a basic level of compensation which every service member receives, directly or indirectly, in-cash or in-kind, and which is common to all military personnel based on their pay grade, years of service, and family size. | https://militarypay-charts.com/military-pay-retirement-calculator-2023/ |
I have recently been informed that the ancient Jewish calendar does not count the year at the beginning of a century: no zero year. So for example 1999- 2001 is one year not two. This can be important when one tries to calculate specific dates in prophesy to determine accuracy. Are there any expert explanations that a member could share on this?
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1This is simply false. Look at any Jewish calendar for recent years for verification. If I can dig up some old text that mentions a year number divisible by 100 to show that the way we do it now is the way it's been done, and no one beats me to it, I'll post an answer b'li neder.– msh210 ♦Oct 22 '15 at 22:54
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1what you may be thinking about is that there was no year "0". The first 5 days of creation are counted as year 0, with Adam's creation on the 6th day considered the beginning of year 1.– MenachemOct 23 '15 at 0:13
Since the year begins at Rosh Hashanah, the number of the year changes then. Thus the year spans the secular year which changes in January. Thus this year (5776) started at Rosh Hashana 2015 and will end Rosh Hashanah 2016. The year 5700 was from Rosh Hashanah 1939 to Rosh Hashanah 1940. You may have heard about "year 0" of creation which is a virtual year. There is a discussion as to whether Adam was created at the beginning of year 1 which would make the previous five days of creation "year 0" (a virtual year) or if those five "days" were year 1 and Adam was created at the beginning of "year 2". | https://judaism.stackexchange.com/questions/64736/is-there-a-zero-year-in-the-ancient-jewish-calendar/64746#64746 |
Has the number of people using mental health services increased?
11th Jan 2017
Claim
1,400 more people are accessing mental health services every day, compared to 2010/11.
Conclusion
NHS figures suggest the number using mental health services is increasing but changes to the way these figures are gathered means we can’t say for sure or put an exact figure on it.
“If we look at what is happening in relation to mental health treatment in the National Health Service, we see 1,400 more people every day accessing mental health services.”
Theresa May, 11 January 2017
The Department of Health told us that the Prime Minister was referring to the difference between the number of patients using NHS adult mental health, learning disability and autism services in 2010/11 and 2014/15 in England.
However, changes to the way information about mental health service users are collected means that the figures for these two years aren’t directly comparable.
NHS Digital, which publishes the data, told us that they can’t be used to find an exact trend for those years either. That means we can’t say for sure how the numbers of people being treated has changed.
The figures from before 2010/11 do show us that the number of people accessing mental health services was increasing up until that point.
NHS Digital told us that this, combined with the fact that uses of the Mental Health Act increased between 2011 and 2015, probably means that the number of people accessing mental health services has increased in the last few years. We just can’t say by exactly how much.
More recent figures have been published since the government made its calculations and since Theresa May made her claim. These estimate that the number of patients using NHS mental health, learning disability and autism services was just under 2.6 million in 2016/17. The figure includes children’s mental health services for the first time. The number of adults using mental health services in the same year was just over 2 million.
These figures aren’t directly comparable with any from previous years because NHS Digital changed the way they were collected in 2016/17, including the addition of data for children and young people and counting a small number of people who changed mental health provider.
NHS Digital says its best estimate is that there has been a 10% increase in the number of people in contact with adult mental health, learning disabilities and autism services between 2015/16 and 2016/17. But it also says that this estimate is “possibly unreliable.”
There were around 1.8 million people in contact with NHS adult mental health services in 2014/15 and 2015/16 (these two years are directly comparable).
NHS Digital also told us that these figures don’t include people who just go to their GP about mental health issues or the Adult Improving Access to Psychological Therapies programme which provides therapies for people with anxiety and depression.
Update 3 April 2017
We updated this piece with more information from NHS Digital.
Correction 4 April 2017
We updated this piece to clarify that the figures relate to England.
Update 30 November 2017
We updated this piece to include the latest figures.
This fact check is part of a roundup of Prime Minister's Questions, factchecked. Read the roundup. | https://fullfact.org/health/has-number-people-using-mental-services-increased/ |
Primarily known for being a photographer, Ahmed Hayman was born in the winter of 1987. His date of birth is January 15, 1987. He was born under the Capricorn zodiac sign and belongs to Millennials Generation. According to the Chinese calendar, his year of birth, 1987, is the Year of Rabbit.
He is from Egypt. He shared a portrait he took of Saba Mubarak and Ahmed Malek to his Instagram in October of 2018.
Life & Biography
Ahmed Hayman was born in Egypt, on January 15, 1987. Ahmed is currently thirty five years old. He graduated from Misr University of Science and Technology in the communications department where he specialized in Broadcasting. He then began pursuing photography in 2005 worked for Akhbar El Hawades weekly newspaper. His first solo exhibition was then in Egypt in 2005. He is most famous for being a photographer. He has earned several honors and awards for his photography including First Prize in the Photo Story category at the Egypt Press Photo Awards in 2011.
hasn't been engaged in the past. He was born and raised in Egypt. We're looking into the past education and school information and will update this section shortly.
Fast Facts
1. Ahmed Hayman is a Capricorn.
2. He has been alive for 13,143 days or 315,445 hours.
3. He was born in the Year of the Rabbit.
4. His next birthday is in .
5. Ahmed Hayman is Under review tall.
6. He was born in Millennials Generation (1987).
7. On Ahmed’s date of birth, the number one song in America was "Shake You Down" by Gregory Abbott.
8. Ahmed Hayman primary income source is from being a Photographer.
9. Ahmed Hayman’s birth flower is Carnation.
10. Ahmed Hayman’s nickname: Ahmed
11. His birthstone is Garnet.
12. Ahmed’s life path number is 5.
13. His ruling planet is Saturn.
Height, Weight & Age
As of today (January 9th, 2023), Ahmed Hayman is exactly 35 years, 11 months, and 25 days old. His next birthday is in . He is Under review (Under review) tall, and his weight is Under review (Under review).
Net Worth & Salary in 2023
So how much is Ahmed Hayman worth today? At the age of thirty five, the photographer has a net worth of about 100,000 - $1M. This roughly translates to 100,000 - $1M euros or 100,000 - $1M pounds. The net worth estimates vary because it’s difficult to forecast spending habits over the years. Ahmed Hayman’s wealth comes mostly from being a successful Photographer.
What is net worth?
Net worth is the amount of assets that exceed liabilities. Assets include cash, real estate, and anything else of value. It is the value of everything you own, minus what you own. Net worth is not yearly.
How to calculate Net Worth: Assets minus Debt equals Net Worth. Net worth is basically calculated by adding anything of value and then subtracting all of the liabilities. Net worth is not yearly and it not the same as net income. Net income is what you actually bring home after taxes and payroll deductions.
Ahmed Hayman is a member of photographers and famous people. This page is updated with new relevant information about Ahmed Hayman. See a mistake? Please help us fix it. | https://www.networthtotals.com/photographer/how-much-is-ahmed-hayman-worth/ |
Mohd Maulana, Izza Nadia (2015) Abdominal computed tomography radiation dose for six hospitals at northern region in Malaysia / Izza Nadia Mohd Maulana. Masters thesis, Universiti Teknologi MARA.
Computed tomography (CT) is an advanced imaging modalities. Its powerful ability to assist more precise diagnosis cause it to be used widely in several countries. The risk of radiation to human health has always become a concern among researchers including Malaysia. This is due to the fact that the number of CT scanner and CT procedure in Malaysia is increasing more than 15% from 2009 to 2010. Therefore, it is expected that the number will increase year by year. The aim of this research is to study the variation of radiation dose (dose descriptors) to the patients at the hospitals involved in this research. However, this research is only focus in certain hospitals in northern region of Malaysia. The dose descriptors include weighted CT Dose Index (CTDIw), volume CT dose index (CTDIvol), dose-length product (DLP) and effective dose (E). The data had been collected by using questionnaire distributed to the hospitals. The data was analysed by using CT Expo v 1.4 in order to calculate the dose descriptors. The result showed that there are variation of dose descriptors in all hospitals and the overall result is higher than previous studies. It is hoped that every hospital can implement the guideline recommended by established bodies in order to reduce the radiation dose to the patient. | http://ir.uitm.edu.my/id/eprint/15580/ |
ICICI Bank has made an announced that it has appointed a new Managing Director and CEO for a period of five years. The bank got the approval of RBI on Tuesday.
The bank’s previous MD and CEO Chanda Kochhar resigned from the positions earlier this month and Sandeep Bakshi took over the positions. He will continue to serve until October 3, 2023 (5 years). Previously, Sandeep Bakshi was the COO of ICICI.
Chanda Kochhar faced enquiry over nepotism and conflict of interest. On October 4, he stepped down as the MD and CEO of ICICI bank. He had another six months before his tenure was to end.
According to ICICI, Bakshi joined the bank in 1986. While filing in BSE, the bank also stated that RBI has approved the appointment of Sandeep Bakshi as the new MD and CEO of ICICI for five years witheffective from October 15, 2018.
Sandeep Bakshi previously served as the CEO and MD of the bank’s insurance sector. He was appointed the positions on Aug 1st, 2010. There were a lot of transformations like creating new products, re-engineering the distribution system and enhancing productivity process under Bakshi’s leadership.
The other candidate for the MD and CEO postion was Mr. N.S. Kannari. He was recommended by the Board of Directors, subjected to regulatory and other approvals.
It will be interesting to see how the new MD and CEO will manage the banking corporation.
The ongoing Covid pandemic had significantly increased the number of mobile and internet users worldwide. The high amount of usage is expected to drop...
Singapore’s open economy depends heavily on tourism and business. But its vibrant but small economy has been hurting as the circumstances due to...
2020 has been an unforgettable year for many of us. The ongoing Covid crisis has reminded people that it is very important to have an uninterrupted an...
Department of Telecommunications (DoT) is all set to announce the new schedule for 5G trials. The Dot made this decision after being pulled by the par... | https://thesiliconreview.net/banking-and-insurance/icici-banks-new-md-and-ceo |
Nurturing staff engagement and wellbeing in a post-pandemic world brings a number of challenges for the higher education sector. Increasing regulatory pressures, heightened monitoring and reporting demands, management of casual working contracts and pay disputes - are all bringing challenges to maintaining a happy, healthy and productive workforce in the sector.
These challenges coupled with an increasing focus on internationalisation and competition for overseas staff and students, have also brought a number of immigration challenges. On a day-to-day basis, we’re seeing pressures to ensuring the right structures, policies and procedures are in place to manage and monitor ongoing compliance with immigration rules.
In the second of our higher education spring webinar series, our employment and immigration specialists will be discussing what are the key employment and immigration trends from 2022? What do we expect to be the key issues in 2023? And talking through how these obstacles can be overcome.
Key issues we will be covering include:
- Immigration
- Compliance with immigration laws and ongoing management, monitoring and reporting of staff and student immigration
- What policies and structures need to be in place?
- What are the issues we are seeing?
- How to prevent potential compliance issues
- Employment
- How can universities ensure effective staff engagement in a post pandemic world?
- Key issues managing casual working contracts
- Managing mental health and staff wellbeing
- Effective management of disputes
- Disability discrimination
- Neurodiversity and reasonable adjustments
Our panel will be chaired by Ashley Norman, co-lead of our Higher Education practice and an employment and immigration law specialist. Ashley will be joined by Anne Palmer, legal director in our Employment, Pensions and Immigration team and Rajinder Bhambra, Legal Director at Bevan Brittan with over 10 years’ experience in business immigration matters.
This is the second in our series of webinars that we’re hosting in March, which will cover a range of different topics across the higher education sector.
Our higher education specialists will be hosting our #WednesdayWebinars from 12-1pm on 1, 8, 15 and 22 March.
Other events in the HE Spring Webinar series include:
Information security, technology and data sharing - 1 March 2023
New obligations for building and fire safety coming in 2023 - 15 March 2023
Subscribe to our bi-monthly newsletter - Higher Education Today. | https://www.bevanbrittan.com/insights/events/2023/2023-0308-he-spring-webinar-series-employment-and-immigration-issues-affecting-higher-education-in-2023/ |
Introduction: The incidence of urolithiasis is increasing in the Western population. Significant advances in ureteroscopy and stone fragmentation energy sources have resulted in a paradigm shift in urolithiasis management. We aimed to assess the current state of urolithiasis management in Australia over the last 15 years using population-based data. Methods: Medicare Australia databases were accessed and Medicare rebate codes pertaining to ureteroscopy, extracorporeal shockwave lithotripsy (SWL), and percutaneous nephrolithotomy (PCNL) were extracted per state, year, and gender between 2001 and 2015. Population data were extracted from the Australian Bureau of Statistics website and provided the "population at risk" denominator to calculate incidence proportions. Results: From January 2001 to December 2015, 114,789 ureteroscopy or pyeloscopy procedures for stone extraction in adult patients were performed in Australia. During the same period, 48,209 SWL and 6956 PCNL procedures were performed. Ureteroscopy and pyeloscopy procedures have been increasing by an average of 9.3% year-on-year, population adjusted, while SWL has decreased by 3.5% and PCNL by 6.4% every year over the same period. In absolute terms, scope procedures have increased yearly by an average of 3.9 per 100,000 of population (confidence interval [95% CI]: 3.2, 4.5), while SWL has changed by -0.77 (95% CI: -0.88, -0.65) and PCNL by -0.16 (95% CI: -0.17, -0.14). Conclusion: Over the past 15 years in Australia, the total number of stone treatment procedures has increased significantly. Considerable increases in ureteroscopy were observed with relative and absolute reductions in SWL and PCNL. Regional variations in urolithiasis management strategies highlight the need for consensus on stone treatments within Australia. | https://research.monash.edu/en/publications/urolithiasis-treatment-in-australia-the-age-of-ureteroscopic-inte |
The Social Security System (SSS) disbursed a total of P236.3 billion in benefits from January to November 2022, a growth of 13.2% from last year.
SSS President and CEO Michael Regino said the rise in disbursements was driven by increases in number of benefit claims, number of members and pensioners, and amount of benefit releases for retirement, disability, and death.
“For the first 11 months of 2022, we have received 4.58 million benefit claims. This is 7.3% higher than the 4.27 million benefit claims we received for the same period last year,” Regino said.
“Our pensioners, which stood at three million in 2021, grew to 3.18 million by November 2022, while our retirement, disability, and death benefit monthly disbursements, which averaged at P16.6 billion in 2021, increased to P19.53 billion for January to November this year, he said.
From 2016 to 2021, the amount of SSS benefit disbursements and the number of claims grew by an average of 11.4% and 7.9%, respectively, despite the 1% decrease in both in 2020 due to the Covid-19 pandemic, the SSS said.
The upward trend in benefit payments in recent years was also attributed by the SSS to the grant of additional monthly benefit, implementation of a new benefit program, and higher salary base for benefit computation.
In 2017, the SSS granted a P1,000 additional monthly benefit to pensioners upon the order of President Rodrigo Duterte.
In 2019, Republic Act (RA) No. 11199 or the Social Security Act of 2018 was implemented, which, among other provisions, expanded the SSS mandatory membership coverage, introduced the Unemployment Benefit Program and Workers’ Investment Savings Program (WISP), and increased the minimum and maximum monthly salary credit (MSC).
In the same year, RA 11210 or the 105-day Expanded Maternity Leave Law was implemented, increasing the number of compensable days of maternity leave, from 60 days for normal delivery and 78 days for caesarian section delivery, to 105 days for live childbirth, regardless of the type of delivery, plus an additional 15 days if the female worker qualifies as a solo parent.
The law also extended the maternity leave to every instance of pregnancy, miscarriage, or emergency termination of pregnancy (ETP), regardless of frequency, from the previous limit of only for the first four deliveries or miscarriages.
“With all these changes, we were able to disburse P1.20 trillion benefits through 23.87 million claims in less than six years, specifically from January 2017 to November 2022,” Regino said.
From 2011 to 2016, SSS benefit disbursements reached P606.47 billion for 16.79 million claims.
“As we continue to see higher benefit payments through these developments, it is equally important for us to also implement the scheduled reforms provided under the Social Security Act of 2018 that aim to strengthen the SSS fund for us to continue serving our current and future members and their beneficiaries,” he concluded.
Starting January 2023, the SSS will increase its contribution rate by 1%, making it 14% from the previous 13%.
The employer’s share of the contribution will rise to 9.5%, while the employee’s share will remain at 4.5%.
Self-employed, voluntary, and land-based Overseas Filipino Worker members will shoulder the 1% increase.
The minimum and maximum MSCs will also increase from P3,000 to P4,000 and P25,000 to P30,000, respectively. | https://pressone.ph/sss-benefit-disbursements-up-13-2-to-p236-3b-in-jan-nov-2022/ |
What Eligibility NRIs Should Have for IAS Exam in India?
The latest notification of UPSC explains the IAS exam eligibility, which clears all doubts regarding the number of attempts, age, educational qualification, etc. of NRIs and natives.
Now that we know that all Indian natives are eligible for this challenging examination for the position in the government sector, remember that all non-residents who still have Indian passports are eligible.
Besides, those whose ancestral link is with India can also attain the nationality of India by surrendering their foreign citizenship. Then, they have to apply for a passport to be eligible for appearing in these prestigious exams in India. These can be non-residents or NRIs. Simply put, NRIs should have Indian nationality for the IAS exam in India.
Herein this post, you will discover all eligibility criteria that aspirants must meet. Here is an extract of this notification in this post.
Minimum Educational Qualifications
These points highlight the minimum educational qualification the aspirant should have to appear for UPSC civil services exam.
For an IAS Exam, any graduation degree is acceptable if it’s from these:
- Any of the Universities that are incorporated by an Act of the Central or State Legislature in India
- Educational institutions that are set up by an Act of Parliament
- Any deemed University recognised under Section 3 of the University Grants Commission Act, 1956
- Any equivalent qualification
Note: Those who are in the final year of their graduation may also apply.
Minimum Age Requirement
-
Lower Age Limit
Here are the age criteria for the UPSC IAS exam.
The aspirant should be 21 years of age. This validity should be on to or before the date of examination. Let’s say, the date of the examination is 21st August 2022. The candidate should be 21 by that date.
-
Upper Age Limit
The upper age of the candidate is calculated on the date of examination. It means that the aspirant should be up to the following ages till the date of examination of prelims in that year. This age limit varies and is fixed for different categories of candidates.
|Categories
|
|Upper-Age Limit|
|General category
|
|32 years|
|OBC||35 years|
|SC/ST||37 Years
|
|Defense Services Disabled Personnel (in operations during hostilities with any foreign country or in a disturbed area and released as a consequence thereof)||37 years|
|Blind, deaf-mute and Orthopaedically handicapped persons (general category)||42 years
|
|OBC/ SC/ ST Category Ex-Servicemen||3+5=8 Years relaxation|
Also Read: PUC full form
Number of Attempts to Appear in the UPSC Civil Services Exam
If you’re confused over how many attempts are there to give this examination, this information can prove really helpful.
Remember that the age limit is defined. But, it does not give out the message that you may attempt as many times as you want till that age. You have to follow the rules (as given below) regarding these attempts.
|Categories||Number of Attempts|
|General category
|
|6 attempts till 32 years of age|
|OBC||9 attempts till 35 years of age|
|SC/ST||Unlimited attempts till turn 37 years of age|
|Physically Handicapped /disabled candidates (general category)||9 attempts till the age prescribed by UPSC, i.e. 42 years
|
How does the UPSC calculate attempts for the civil service examination?
Typically, the candidate who applies and appears in the civil services preliminary examination attempts by being counted. On the flip side, if the application form is filled, but he didn’t appear in the Preliminary Examination will not be counted as an attempt.
There is a case of age relaxation in 2014. It was when this examination governing body relaxed the age and number of attempts for the candidates.
Since then, there is no such update recorded. However, having no such update for years cannot be a certain condition. It may happen at any time. So, you need to keep your eyes on the latest notification about the IAS examination eligibility criteria. UPSC website notifies it, which you may use or integrate on your website.
When can you apply for the UPSC Civil Services Exam in 2023?
According to the notification of the UPSC Civil Services Examination for 2023, the updated date will be out on February 01, 2023. The interested candidates would have a golden opportunity to try their luck and utilise what they have prepared for the UPSC CSE 2023. It can happen between February 01, 2023, and February 21, 2023.
Updated Date for All UPSC Examination in 2023
|Examination Type||Date of Examination|
|UPSC CSE 2023 Prelims||May 28 2023 (Sunday)|
|UPSC CSE 2023 Mains||September 15 2023 (5 days)|
|UPSC CSE 2023 Interview||January-March 2024 (expected)
|
|UPSC CSE 2023 Final Result||April 2024 (expected)
|
Hopefully, all NRIs would have read the fact about their eligibility for the IAS exam in India.
Summary
NRIs are eligible to appear in the IAS exam in India, given that they still are citizens of India. Even if they are not but their ancestors had to shift during the partition of India, they can show up their proof, surrender their foreign citizenship, and apply for a passport of India. | https://www.techtodaytrends.com/what-eligibility-nris-should-have-for-ias-exam-in-india/ |
The online cat years calculator is used to calculate the cat years to human years instantly.
How to convert cat years to human years
You can use the following formula to convert seconds to days :
First, allow 15 human years for the first year of your cat's life
Then, add 9 years for the second year
Next, add 4 human years for each successive year of your cat's life.
Example: How to convert 3-year-old cat to human years?
X(human years) = 15(first year) + 9(second year) + 4(successive years)
Anwser: 3-year-old cat will be approximately 28 human years.
cat age conversion table
|Age of cat (years)||Age in human years|
|1||15|
|2||24|
|3||28|
|4||32|
|5||36|
|6||40|
|7||44|
|8||48|
|9||52|
|10||56|
To calculate the cat age in human years, please use our cat years calculator for free.
References
More references for Second and Day
- Random Password Generator
- Percentage Calculator
- days to hours converter
- Fahrenheit to Celsius converter
- 160 cm to feet
- Love calculator
- Am I Overweight?
- 180 c to f
- 25 c to f
- 65 kg to lbs
- What is my life path number? | https://www.rocknets.com/calculator/other/cat-years-calculator |
Today marks Adaptistration’s eleventh anniversary and although it sounds like a bit of a broken record, it has been a stellar year for the entire Adaptistration Network and in keeping with tradition, it is time to review how the year unfolded along with looking at where we’re headed.
65+ demographic is fastest growing age group. With just under four percent growth over the previous year, the 65+ demographic is growing fast and nearly 15 percent of those readers are accessing the site using a mobile device, which is double the number from the previous year.
Readership continued to grow. Although the previous year saw a large jump in readership thanks to a high degree of intense labor unrest, the majority of those readers return on a regular basis. Average session durations dropped a few percentage points but the ratio of new vs. returning readers continued to grow.
Chrome supplanted Safari as the dominant desktop browser. With a six percent increase over the previous year, Chrome is now the most popular browser among users although using a desktop connection to access the blog dropped by nearly seven percent as users began favoring mobile devices.
Mobile visit account for more than a third of overall traffic. Although desktop visits dropped, mobile visit increased by more than twice that number and within that category, the ratio of tablet to Smartphone witnessed the largest ever shift with Smartphone use increasing by more than double the rate of the previous year.
Union Puppet Masters? They Don’t Have That Capacity.
*For the first time in the blog’s history, two of the Top 10 articles were from previous years and both focused on nuts-and-bolts style web/technology topics.
**Number Six on the list is the first time an April Fool’s Day article made it into the Top 10.
It has been a genuine treat to experience the rise of culture blogging from a catbird seat at the onset of the movement and with eleven years’ worth of hindsight, I can say with a certain degree of confidence that the topics and ideas presented here are routinely ahead of their time.
During the first few years, a great deal of content focused on strategy, vision, and the need to prepare for the coming winter. This was in direct contrast to what traditional service organizations purported but over time, they fell into line and started preaching many of the same sermons, albeit from a too little, too late position.
The next few years saw a shift toward edifying stakeholder groups to the fundamental concepts that determine how professional orchestras operate. A great deal of the content relied on a wide assortment of interviews with leading figures and the results demystified the inner workings of board and administrative functions. It was the dawn of the age of transparency.
About the same time, a larger ratio of time was spent on matters related to labor relations and collective bargaining; everything from how and why professional orchestras operate within a unionized work environment as well as providing insider views and real time examination of individual labor disputes.
Over the next several years, Adaptistration experienced exponential growth in readership thanks to becoming a genuinely independent culture blogging outlet. That liberated approach allowed us to examine forward thinking concepts but accurately predict the field’s course. In that same spirit, what the field needs now is to begin moving away from such a strong strategy minded focus (much of which has been hopeless corrupted by repacked decades-old ideology) and begin focusing on the nuts and bolts of arts management.
To that end, it is enormously satisfying to oversee the advent of ArtsHacker.com, which is right on track for an early December launch.
Unlike previous expansions via the formation of Inside The Arts, a collective of independent culture bloggers, and the advent of the Adaptistration Network, the content of which I’m solely responsible for, ArtsHacker will serve as a single site featuring content from a dynamic group of colleagues, each of which with unique areas of expertise. Although I’ll be serving as Editor-In-Chief, I’ll also generate content and on days where those articles appear at ArtsHacker, they will be posted here as well.
In the end, all of these efforts are for naught without engaged and passionate readers so thank you for not only reading but finding the content and ideas valuable enough to share with colleagues and friends.
Is It Time To Bust Up The Season?
Congrats on the anniversary! Thanks for sharing the stats. Interestingly, my own annual reader survey last month showed a rise of almost 20 percentage points of over 55s, now at 70% of survey respondents (equally split between male 49% and female 51%). Full analysis coming soon. | https://adaptistration.com/2014/11/03/adaptistration-turns-11/ |
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Title
Enterprise as an instrument of civilization : an anthropological approach to business administration / Hirochika Nakamaki, Koichiro Hioki, Izumi Mitsui, Yoshiyuki Takeuchi, editors
Published
Tokyo : Springer,
©2016
Online access available from:
ProQuest Ebook Central (owned titles)
View Resource Record
Copies
Description
1 online resource (xv, 250 pages) : color illustrations
Series
Translational systems sciences, 2197-8832 ; volume 4
Translational systems sciences ; volume 4
Contents
Preface; References; Contents; Contributors; Part I: Invitation to Keiei Jinruigaku, Anthropology of Business Administration; Chapter 1: Enterprise as an Instrument of Civilization; 1.1 Introduction; 1.2 Civilization as a System; 1.3 Stock Corporations as Civilization Elements; 1.4 Mass Production: An Element of Civilization; 1.5 Enterprises in Civilization; 1.6 Conclusion; References; Chapter 2: Enterprise as Cultural Community; 2.1 Introduction; 2.2 Keiei Jinruigaku: Fusion of Business Administration and Anthropology; 2.3 Initiation into a Company as Cultural Community: Sony
2.4 Initiation Ceremony of Sony2.4.1 Place and Program of the Ceremony; 2.4.2 Seating and Dress; 2.5 History and Spirit of Establishment; 2.6 Advice Toward Early Retirement; 2.7 A Community Bound Together by Common Fate; 2.8 Training of New Employees and Initiation; 2.9 Concluding Remarks; References; Chapter 3: Company Mythology; 3.1 Introduction; 3.2 Mythology in Companies; 3.3 Methods for Researching Company Mythology; 3.4 Types of Myths; 3.5 Conclusion; References; Part II: Theoretical Characteristics of Keiei Jinruigaku
5.5 Final RemarksReferences; Chapter 6: Management in Interface: Glocal Displacement; 6.1 Introduction; 6.2 Interface: Entrepreneurs as Middlemen in a Traditional Society; 6.3 "Advent" of a Japanese-Western Food: Translation with Displacement by an Entrepreneur; 6.4 Glocalisation of McDonald's: Translation with Displacement of Global Fast-Food Culture; 6.5 Multilayer Structure of Cultural Interface: McDonald's Approach from Interface; 6.6 Management of Translative Displacement; 6.7 Conclusion; References
Chapter 4: The Meaning of an Anthropological Approach for Management Studies: Beyond "Clinical" and "Scientific" Knowledge4.1 Introduction; 4.2 "Practice" and "Science" by Barnard; 4.3 "Clinical" and "Scientific" Knowledge in the History of Management Theory; 4.3.1 Searching for "Clinical" Knowledge: The Methodology of the Human Relations School; 4.3.2 Construction of "Scientific" Knowledge of Management: Simon's Methodology; 4.4 Can We Separate "Clinical" and "Scientific" Knowledge in the Real World? A Pragmatic Question; 4.5 Conclusion: Toward "Anthropology of Business Administration."
Summary
In this book, the functions and dynamics of enterprises are explained with the use of anthropological methods. The chapters are based on anthropological research that has continued mainly as an inter-university research project, which is named Keiei Jinruigaku, of the National Museum of Ethnology (Japan) since 1993. These studies have a twofold aim: to clarify that enterprises are not only actors in economic activity but also actors that create culture and civilization; and to find the raison d'©®tre of enterprises in a global society. Business anthropology is an approach to the investigation of various phenomena in enterprises and management using anthropological methodology (e.g., participant observations and interviews). Historically, its origin goes back to the 1920sℓ́ℓ30s. In the Hawthorne experiments, the research group organized by Elton Mayo recruited an anthropologist, Lloyd W. Warner, and conducted research on human relations in the workplace by observation of participants. Since then, similar studies have been carried out in the United States and the United Kingdom. In Japan, however, such research is quite rare. Now, in addition to anthropological methods, the authors have employed multidisciplinary methods drawn from management, economics, and sociology. The research contained here can be characterized in these ways: (1) Research methods adopt interpretative approaches such as hermeneutic and/or narrative approaches rather than causal and functional explanations such as ℓ́ℓcauseℓ́ℓconsequenceℓ́ℓ relationships. (2) Multidisciplinary approaches including qualitative research techniques are employed to investigate the total entity of enterprises, with their own cosmology. In this book, the totality of activities by enterprises are shown, including the relationship between religion and enterprise, corporate funerals, corporate museums, and the sacred space and/or mythology of enterprises. Part I℗ℓprovides introductions to Keiei Jinruigaku and Part II explains the theoretical characteristics of Keiei Jinruigaku. In addition, research topics and cases of Keiei Jinruigaku are presented in Part III
Bibliography
Includes bibliographical references and index
Notes
Online resource; title from PDF title page (EBSCO, viewed July 31, 2015)
Subject
Business anthropology. | https://library2.deakin.edu.au/search~S1/a?Hioki%2C+K%7Bu014D%7Dichir%7Bu014D%7D%2C+1949-&search_code=a |
Dating sites intellectuals eight minute dating
Archaeological evidence of the new capital of Kausambi has recently been found which has been dated to the time period just after this flood.
Similarly, in Kurukshetra, the scene of the great Mahabharata war, Iron arrows and spearheads (according to some sources) have been excavated and dated by thermoluminence to 2,800 B. E., the approximate date of the war given within the Mahabharata itself.
Copper utensils, iron, seals, gold & silver ornaments, terracotta discs and painted grey ware pottery have all been found in these sites.
Scientific dating of these artifacts corresponds to the non-aryan-invasion model of Indian antiquity.
This theory is still taught as fact in many educational systems despite much contrary evidence.
The Aryan Invasion Theory raises an interesting dilemna called Frawleys Paradox: On the one hand we have the vast Vedic Literature without any archaeological finds associated with them and on the other hand, we have 2,500 archaeological sites from the Indus-Sarasvata civilization without any literature associated with them.• There is no evidence of an Aryan homeland outside of India mentioned anywhere in the Vedas. for the Rig Veda, both now disproved by scientific evidence.
A vast number of statements and materials presented in the ancient Vedic literatures can be shown to agree with modern scientific findings and they also reveal a highly developed scientific content in these literatures.
The great cultural wealth of this knowledge is highly relevant in the modern world.
it's religion is doomed"Innumerable archaeological findings and their analysis have recently brought the Aryan Invasion Theory into serious question.• There are more than 2,500 Archaeological sites, two-thirds of which are along the recently discovered dried up Sarasvati River bed. Om is mentioned in the Mundaka and Katha Upanisads as well as the Bhagavad Gita.These sites show a cultural continuity with the Vedic literature from the early Harrapan civilization up to the present day India.• The significance of establishing this date for the drying up of the Sarasvati River is, that it pushes the date for the composition of the Rig Veda back to approximately 3,000 B. E., as enunciated by the Vedic tradition itself.• The late dating of the Vedic literatures by indologists is based on speculated dates of 1,500 B. This piece of pottery from the lowest level of Harappan excavations with pre-harappan writing is deciphered as ila vartate vara, referring to the sacred land bounded by the Sarasvati River, described in the Rig Veda.Vedic Cosmology is yet another ancient Vedic science which can be confirmed by modern scientific findings and this is acknowledged by well known scientists and authors, such as Carl Sagan and Count Maurice Maeterlinck, who recognized that the cosmology of the Vedas closely parallels modern scientific findings. Majumdar, who stated that the people of the Indus-Sarasvata Civilization engaged in trade with Sooma and centers of culture in western Asia and Crete.erected in 113 B. This also confirms the link between India and other ancient civilizations such as Greece and shows that there was a continuous exchange of culture, philosophy and scientific knowledge between India & other countries.There are almost one hundred references in the Rig Veda alone to the ocean and maritime activity. Indeed the Greeks learned many wonderful things from India.
Furthermore, the Matsya and Vayu Puranas describe great flooding which destroyed the capital city of Hastinapur, forcing its inhabitants to relocate in Kausambi. | https://trim2013.ru/dating-sites-intellectuals-3121.html |
Adam Oliver Stokes holds degrees in religion from Duke University and Yale Divinity School. He has written on numerous subjects including biblical studies, classical studies, LDS theology and ancient American civilization particularly the phenomenon of American ceremonial mounds and giants. His book, Perspectives on the Old Testament, was published by Cognella Press in 2018. In addition to this, his work has been featured in the Journal of the Hebrew Scriptures, the Journal of the Book of Mormon, BYU Quarterly, the Classical Outlook and Ancient American magazine. He recently appeared on a podcast, Earth Ancients, where he discussed the history of giants in North America. He currently teaches Old Testament at Saint Joseph's University in Philadelphia and high school Latin at Allentown High School in New Jersey.
Ancient Origins has been quoted by:
At Ancient Origins, we believe that one of the most important fields of knowledge we can pursue as human beings is our beginnings. And while some people may seem content with the story as it stands, our view is that there exist countless mysteries, scientific anomalies and surprising artifacts that have yet to be discovered and explained.
The goal of Ancient Origins is to highlight recent archaeological discoveries, peer-reviewed academic research and evidence, as well as offering alternative viewpoints and explanations of science, archaeology, mythology, religion and history around the globe.
We’re the only Pop Archaeology site combining scientific research with out-of-the-box perspectives.
By bringing together top experts and authors, this archaeology website explores lost civilizations, examines sacred writings, tours ancient places, investigates ancient discoveries and questions mysterious happenings. Our open community is dedicated to digging into the origins of our species on planet earth, and question wherever the discoveries might take us. We seek to retell the story of our beginnings. | https://www.ancient-origins.net/users/adam-stokes |
Most of the people present around often shy away from talking about religion. They tend to avoid the potential stir it might follow. As much as they attempt to tum away from this construct, religion has been a part of our societies since the very early days. Whenever we are handed over a task to write about religion, we all get anxious about it and wonder what if we end up hurting someone’s sentiments; what if it leads to a heated arguments; I am even afraid of offending my teachers about their religious beliefs and many more thoughts. At that very moment, you decide to choose a topic that is not sensitive to controversy. What might provide you help with essay writing is the selection of a topic that you have a wide knowledge about, so that you can deliver an efficient piece of work Here is a list of religion essay writing topics that you might enjoy writing:
General Religion Topics
- Role of religion in the history of science and education
- Religion and society
- Religion and culture: how the two bring society together
- Impact of religion on society at a macro level
- Impact of religion on society at a micro level
- Religion and criminology: what religion says about crimes
- Scientific discoveries in light of religion
- Importance of religion in environmental issues
- Different religions and their common rituals
- Significance of myths and folklores in the modern religious beliefs
- Comparative analysis between religion and meditation techniques
- The mutual exclusivity of religion and rationality
- Role of illusions, magic and superstitions in religion
- Symbolism: it’s relevance in religion
- Evolutionary perspective on religion
- Religion and Feminism
- Religion for the formation of ideologies
- State vs. Church in the modern world
- The rift between science and religion
- The prevalence of religious practices under different political eras
- Reasons behind the moral and spiritual decline of mankind in the modern century
World Religion Topics
- The age of Enlightenment and Religion
- The ideology of religion and its influence on the modern world
- Impact of secularism on religious societies
- Difference between atheism, agnosticism and deism
- The origin of man and society in a religious context
- The conflict between modern science and religion – faith vs. fact
- Life values and semantic of a believer
- Why do some people deny the existence of God?
- Monotheism vs. polytheism
- Comparative analysis of the moral ideals of different world religions
- Can religion and feminism coexist?
Roman Religion Topics
- The common rituals of the Roman religion
- Role of Roman religion in shaping the Roman culture
- Roman religion vs. Buddhism – a comparative analysis
- Historical analysis of Roman religion
- The uprise and spread of Roman religion
- The basics of the Roman religion
- Roman Religion vs. Christianity – a comparative analysis
- Contrast between Islam and Roman religion
- Roman religions and their importance in the 21st century
- Worldwide distribution of Roman religion followers
- Roman religion and Feminism
Chinese Religion Topics
- The Chinese people and their religious practices
- The magnitude of religion among the Chinese
- The religious ideology of the Chinese
- Chinese values and faith
- Ancient Chinese values and their prevalence in the modern world
- Chinese religion and Feminism
- The spread of the Chinese religion
- Chinese mythology vs. religion
- Modern sciences and Chinese religion
- Which religion do the Chinese follow?
- Religious minority groups in China
Catholic Religion Topics
- The foundations of Catholic religion
- Catholic Christianity in the future
- The fundamentals of Catholic Christianity
- Catholic Christians and their social influence in the US
- Technological advances vs. Catholic religions
- A comparative analysis of Orthodox vs. Catholic Christianity
- Rising conflicts between Protestant and Catholic Christians
- Basic teachings of the Catholics
- Catholic religion and Feminism
- Catholic Christianity’s influence on culture
- How was Catholic Christianity found – its roots and development over the years
Greek Religion Topics
- Ancient Greek beliefs and their origin
- Factors that assisted the Greek beliefs with spreading
- Impact of Greek religions on modern ways of life
- How ancient Greek religions helped advancement
- Greek religious rituals and their importance in the modern world
- Impact of ancient Greek religions on society
- Greek religion and Feminism
- Ancient Greek religions and business
- The prevalence of Greek religion in architecture
- Ancient Greek faith, philosophy and mythology
- Modern vs. Ancient Greek beliefs
Buddhism Topics
- The foundations and evolution of Buddhism
- Buddhism – a philosophy or religion?
- Can science and Buddhism coexist?
- Buddhism and its teachings on human rights
- Buddhism and its teachings on feminism
- Buddhism and its meditating practices
- The particulars of Chinese Buddhism
- Buddhism and its analysis from a psychological perspective
- Buddhist’s viewpoints on ecology and nature
- Impact of Buddhism on politics
Theology Topics
- Fundamentals of systematic theology
- Theology – myth vs. reality
- Theocentric perspective on ethics
- Theological models and their significance in the modern world
- Postmodern atheism and theology
- Political theology
- Love and death – a theological analysis
- Theology and Feminism
- Rational theology from a religious viewpoint
- Philosophy and theology – inseparable or not?
- Concept of narrative in theology
Islam Research Topics
- History, origin and future of Islam
- Impact of modern-day politics of the Islamic nations worldwide
- The prejudices and misconceptions about Islam
- Role and status of women in Islam
- Islam VS. Feminism
- Islamic practices and their impact on belief systems of Muslims
- Image of Islam in the West
- Islamization vs. secularism
- Teachings of Islam from a legal perspective
- Role of Islam in politics
Siddhartha Essay Topics
- The teaching methods in Siddhartha
- Siddhartha and Existentialism
- Siddhartha and Feminism
- Siddhartha: Fiction and Philosophy
- The concept of salvation in Siddhartha
- Fundamentals of Siddhartha
- Siddhartha and modern practices
- Non-attachment and Siddhartha
- The search for Enlightenment and Siddhartha
- Siddhartha – mythological base
Related: | https://thecanadianbusinessreview.com/150-religion-essay-writing-topics-for-students-to-consider/ |
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Mythology - Wikipedia, the free encyclopedia
The word
mythology
(Greek: μυθολογία, from μυθος mythos, a story or legend, and λογος logos, an account or speech) literally means the (oral) retelling of myths – stories that a particular culture believes to be true and that use supernatural events or characters to explain the nature of the universe and humanity.
In modern usage,
mythology
is either the body of myths from a particular culture or religion (as in Greek
mythology
, Egyptian
mythology
or Norse
mythology
) or the branch of knowledge dealing with the collection, study and interpretation of myths.
For the purposes of this article, therefore, the word
mythology
is used to refer to stories that, while they may or may not be strictly factual, reveal fundamental truths and insights about human nature, often through the use of archetypes.
en.wikipedia.org /wiki/Mythology
(2587 words)
Mythology - Internet-Encyclopedia.com
(Site not responding. Last check: 2007-10-22)
A
mythology
is a relatively cohesive set of myths: stories that comprise a certain religion or belief system.
Mythology
is alive and well in the modern age through urban legends, scientific
mythology
, and many other ways.
Aztec
mythology
- Incan
mythology
- Guarani
mythology
- Maya
mythology
- Olmec
mythology
- Toltec
mythology
www.internet-encyclopedia.com /ie/m/my/mythology.html
(1013 words)
Mythology
(Site not responding. Last check: 2007-10-22)
For the 1942 book
Mythology
, see the article on its author, Edith Hamilton.'' ----
Mythology
is the study of myths: stories of a particular culture that it believes to be true and that feature a specific religious or belief system.
Myths are generally stories based on tradition and legend designed to explain the universal and local beginnings ("creation myths" and "founding myths"), natural phenomena, inexplicable cultural conventions, and anything else for which no simple explanation presents itself.
One can speak of a Jewish
mythology
, a Christian
mythology
, or an Islamic
mythology
, in which one describes the mythic elements within these faiths without speaking to the veracity of the faith's tenets or claims about its history.
mythology.iqnaut.net
(1060 words)
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