Monday, September 30, 2019

Paulo Freire’s Pedagogy of the Oppressed: Book Summary Essay

Throughout the second half of this course, we have read many books that highlight and talk about oppression. Each of these books and film shows different types of oppression as well as different outcomes for the oppression. Some of these books and films show that forgiving your oppressor, can be very beneficial and empowering for the oppressed. These stories have been eye-opening to things that I have not read about and shown me lots of different points of view. There are theories that talk about oppression and how it impacts both the oppressor and the oppressed. In the book The Pedagogy of the Oppressed, Paulo Freire talks about how he saw oppression in two stages. He talks about the first stage as† the oppressed unveil the world of oppression and through the praxis commit themselves to its transformation† (p. 54). After this transformation, Freire describes the second stage as for how people engage and commit to â€Å"the expulsion of the myths created and developed in the old order† (p. 55). Both of these stages are important to Freire’s theory because later he talks about how both the oppressor as well as the oppressed have a consciousness about both of their roles in oppression. Both groups can see how they fit into the world and how they are looked at by the world as well. They both also see how they not only look at themselves but how they look back at the world. Behaviors like fear, beliefs, and ethics play a huge part in this theory because these behaviors drive the oppressed and the oppressors to look at th e world in the way they do. Freire first talks about what he refers to as â€Å"the oppressor consciousness† and how they are usually have born privilege. This consciousness of this oppression is talked about as the craving of wanting to be in control of things like other people. In this article, I read about this book it talked about the necessity of conquest and there is a part that states,†The oppressor consciousness, Freire pointed out, equates its ‘being’ with ‘having’ – and being in the class of the ‘haves’. It craves to possess and dominate – things, people – indeed, the entire world. And in this unrestrained voracity to have more, it ends us reducing life – plants, animals and even humans – to ‘objects’ that exist for his profit and plunder.†(Freire,2000) This quote reminded me a lot of the book and how Freire talks about â€Å" the oppressor consciousness†. Relating to that quote Freire talk s about how the oppression then talks about how they want to keep those who are oppression isolated from everything else. Then Freire talks about the oppressors manipulating the oppressed to keep their upper hand to maintain control. One other thing that Freire mentions in this book is the cultural invasion and how oppressors convince the oppressed that they have automatic inferiority. Freire then goes on to talk about the â€Å"oppressed consciousness† and how the oppressed are just as aware as the oppressors. Freire talks about how the oppressed seem to fear freedom because they do not know what it would be like for them when their unchangeable reality became changeable. This book really related to the El Che which we discussed earlier in the course and this book had a lot of similarities to Freire and El Che’s way of thinking about oppression. They both wanted to fight oppression but did it in a different way. Freire is a teacher and he feels his part in education is a progressive one. Freire sees a diminishing lower class being kept around an oppressive and privileged class just intrigued by keeping their power. Freire sees this oppression as wrong and he needs to take care of. His way of standing up for what he believes in a positive manner is through his knowledge and education and not by reverting to physical violence. He expresses, † any situation in which some men prevent others from engaging in the process of inquiry is one of violence;†¦to alienate humans from their own decision making is to change them into objects.† Freire states that oppression is deep to the point that the lower class isn’t being recognized as human. In the film, Long Night’s Journey into Day, mothers of sons that were killed by police violence come together to discuss their journey and how they were dealing with oppression. This film was a documentary about seven young men and they had been set up, betrayed and killed by police in Africa. The mothers of these young men who had been wrongfully killed were given the opportunity to meet with Thapelo Mbelo, who was one of the officers that murdered their sons. These mothers sit down and talk about experiences with this oppression and how they dealt with the deaths of their children. This film also had a connection to the last book The Pedagogy of the Oppressed because it talked about the theory of the â€Å"oppressor consciousness†. The officer Mbelo talks about when he shot one of the young men and he says that he saw the young man’s hand in the air, but shot him anyway. This connected to Freier talking about how the oppressor used the excuse of automatic infer iority to use force unnecessarily. One of the mothers spoke about the young man who was shot in the head despite his blatant surrendering. She asks Mbelo many questions with respect to how he feels about the impacts of his action, including seeing himself on video and the compromising his ethics for payment. Mbelo claims that he was not given a choice and was told to make the decisions he made because he was being closely watched by white people that he answered to. After that the following mother talks about how their sons were human and should have been protected by police regardless of what they looked like. The police officers were accomplishing something ghastly which would soon place them in a bad position, yet Mbelo took after their conduct at any means possible. She keeps on getting some information about how his conscious as she asks him question after question. Genuinely and profoundly offended, she describes how her child was dragged with a rope when police were clearing the bodies. She approaches him quest ions that challenge   who now will pay for her grandchildren to go to school, or who provide for his family. The third mother starts by expressing to Mbelo that his face is one that she will always remember, and that she will never forgive him for what he did. She speaks of how while her son was always working for freedom, Mbelo worked for the Boers. It was then that the second mother interrupts and added in that after many times of saying Melo’s first name in hatred, this time saying his name, she remembers that, his name Thapelo, signifies †forgiveness†. This rouses her Christian religion to help her achieve forgiveness for Mbelo. She expresses that her child is now dead and that there is nothing anyone especially Mbelo, can do to bring him back. This mother then states that at the point when Jesus was on the cross, he advised his follower to pardon the individuals who had committed sin. She says that she found it within herself and her religion to forgive him since she needs to dispose of this weight she was conveying inside, and that it is God’s will and testament which matters solely when judgement day comes. She then concludes her doing in the conversation by wishing Mbelo well and she forgave him for his wrongdoings. In the book, A Human Being Died That Night Pumla Gobodo-Madikizela discusses her records and meetings with state-ordered mass killer Eugene De Kock. The book also incorporates stories and meetings from criminals and victims on the two sides of the racial gap. Pumla Gobodo-Madikizela is inspired to visit Eugene De Kock in jail where he is serving 212 years for his crimes after she goes to a PRC trial that really sticks with her. Pumla explains De Kock’s crimes as crimes against humankind and humility and after she meets with him that she starts to think about the meaning of being a human. Pumla starts to express her deeply rooted compassion for the individuals who fell into the brutality of the apartheid government. There is a part in the book when Pumla states that, â€Å" nothing can ever reverse injustices committed against others. But an apology pronounced in the context of horrible acts has the potential for transformation. It clears or ‘settles’ the air in order to begin reconstructing the broken connections between two human beings.†. Pumla talks about how when through the PRC apology and forgiveness happened that there became more conversations between the people who generally would have still been filled and consumed by hate.   Forgiveness is a huge part of A Human Being Died That Night as well as in the nation of South Africa all in all. The Peace and Reconciliation commission give individuals on the two sides of the racial violence the chance to stand up and assume liability for what they have done. In doing as such it offers closure to the individuals who were influenced by the violence and gives them the chance to comprehend and forgive. Pumla is an individual from the Human Rights Violations Committee which is a piece of the Peace and Reconciliation Commission. She has a great understanding of the concept of forgiveness as a great and effective power and the way for individuals to push ahead from extraordinary injustices and human catastrophe. While reading this A Human Died That Night, there was talk and themes about the topic of evil and how there were many meanings and interpretations of the word. Evil is accomplishing something that is significantly unethical. In various societies, beliefs, and cultures it can be interpreted in various ways. In Christianity, there is a strict line draw between what is good and what is evil. In different religions, a particular thing can be good to one person and bad to another, it just depends upon how it is seen. Essentially, nothing is good or evil it just is. In A Human Being Died That Night and Long Night’s Journey into Day evil can be found with regards to prejudice and how most people are able to concur that racism is evil. Harboring hatred towards somebody because of something they can’t control or change isn’t right. The obvious reaction to evil is to get irate and have the need to fight back against the individual or group that conferred the evil act howev er that will not take care of the issue. It is still unknown as to how to react to evil on the grounds that it appears like regardless of how one reacts it will proceed until the point when the culprit acknowledges what they are doing isn’t right. This backpedals to the possibility that individuals see good and evil in various ways. The best way to truly stop evil is to teach the individual or group and challenge   them to look the outcomes of their actions and how it impacts others. It is conceivable to forgive evil on the grounds that in the event that you don’t you will never find a sense of contentment or peace. It is an important thing so you can move on with your life. The film Korengal is about the journey of men who are American soldiers and the journey of their deployment through the â€Å"death valleys†. This film describes through the perspective of the soldiers their emotions and experiences throughout their military experience. In this film, the soldiers were sent to help the oppressed get out of their horrible situation. There was a very faint sense of oppression throughout the whole film. Oppression throughout all of these films and book was very predominant but was more predominant in certain stories. A Human Being Died That Night and Long Night’s Journey into Day let us see that forgiving person who has harmed us or somebody we are close to or that is important to us can influence us to feel powerless and anxious. To forgive that person, you draw on your inward qualities. In Long Night’s Journey into Day the moms draw upon their profound love for their children keeping in mind the end goal to forgive the man who killed them. I think they additionally understand that the loathe or hate they have clutched for such a large number of years does not help them and they have the need to accomplish something so they can find a sense of contentment or peace once more. A comparable thing happens in A Human Being Died That Night. Throughout all of these books and films, there have been great lessons on way oppression happens and some of the ways that we can chang e within ourselves and our communities.

Sunday, September 29, 2019

Hawaii Culture Essay

1. Queen Liliuokalani was the first and only reigning Hawaiian queen. Imperialism is the policy by which stronger nations extend their economic, political or military control over weaker nations. William Seward was the Secretary of State under presidents Lincoln and Andrew Johnson he purchased Alaska from Russia in 1867. Pearl Harbor was the Hawaiian port granted by 1887 treaty to the United States for use as a refueling station for U.S. ships. They connect and are important because when Queen Liliuokalani was queen the U.S. started following imperialism and kind of took over Hawaii. Hawaiians were forced to agree to the treaty of 1887. Which allowed the U.S. to have Pearl Harbor. William Seward was provoking imperialism. 2. Cultural interests Cultural interests Economic interests Economic interests Military interests Military interests Why Americans support imperialism Why Americans support imperialism 3. William Seward contributed to U.S. expansion by convincing the senate to buy Alaska from Russia for $7.2-million. 4. Planters staged a revolt because Queen Liliuokalani believed that American planters had too much influence, she moved to limit their power. Around the same time, U.S. trade laws changed to favor sugar grown in the United States. Planters with the help of U.S. Marines, they overthrew the queen and set up their own government. They then asked to be annexed by the United States. 5. The purchase of Alaska was farsighted because in the end the United States had acquired a land rich in timber, minerals and, as it turned out, oil. 6. If President Cleveland’s wishes had been respected by the subsequent U.S. administration then Hawaii wouldn’t have been a state and there wouldn’t have been a bombing at Pearl Harbor during the world war. 7. The United states have overthrew the queen and taken control for themselves. The Hawaiians are rebelling bet we can’t stand against them and now we are being forced to join the United States as a state. They also are going to take our best port and turn it into their own military base. I think what they are doing is wrong because this is our land. We let them come in we never knew that they were going to take over. Just because they are more powerful doesn’t mean they can use that power on us. That is exactly like bullying.

Saturday, September 28, 2019

Living on Campus vs Living Off Campus Essay

A college experience can be the greatest time in a student’s life for the reason being, it is a new path the individual is taking to pursue his or her future career. While pursuing a career, every student has his or her own personal preference of whether or not to live on campus. Deciding where to reside seems to be the topic that runs through every college student’s mind. Whether it is to live the college lifestyle filled with events and social opportunities that go hand in hand with rooming on campus, to simply staying at home or living nearby and keeping a peace of mind and building up financially. Living on or off campus can be a difficult decision to make for many, but depending on the college experience you prefer to have, it can be made into a simple decision. Living on campus can have many perks and positive aspects that will have many students eager to attend. Gas prices are through the roof these days in our economy and not having a gas bill can be a very efficient and effective way for saving more money. Having more money in your pocket is always beneficial. When living on campus there are many numerous ways to get to class faster and time efficiently such as biking, skateboarding, longboarding or simply just walking. Getting more exercise and time outdoors is a just another perk of living on campus and getting the real feel of the campus lifestyle. Also, living on campus can be time efficient when making your way to class that way you are not tardy. Another positive aspect of living on campus is being a part of the organizations, fundraisers, concerts, sporting events and other fun activities that take place on campus giving you a stronger feel for the lifestyle of the college. Being more involved in your college can lead up to many positive outcomes whether it is meeting new people to hang out with or growing as an independent individual because you are finally on your own. Even though there are many positive aspects to living on campus there are also negatives. When living on campus there is a big price to pay. Around average it is $7,500-$9,000 depending on whether it is a public or a private university. For a bachelor’s degree and living on campus for all four years is estimated to be around $32,000 and that’s just for room and board. With that being said that is a very large cost to pay for never having privacy. Having a roommate around can have its own negative perks all in itself whether it is from personality conflicts to having simple differences and opinions. For example, while a student might be trying to study or do homework, the other student might be trying to socialize with friends and listen to music which can lead to large conflicts. Having opposite personalities or schedules might be an issue for some students. Living off campus is a whole different experience as a student than living on campus. For instance, you can live a more of a private lifestyle; having your own room and personal space can be essential for a great learning and studying environment. Living off campus could mean living closer to family and relatives, who can be a great support group and give inspiration in any college barrier you, may come across. Also, living at home with Mom and Dad can save you a plethora of money, which means more money in your pocket, and like I have said before that is always a plus. Even though living off campus has its ups it can also have its downs. Living off campus can seclude you from the college events and the overall feel from the college community and lifestyle. Missing those types of involvements can really dampen your overall college experience and outlook of the college lifestyle. Also, depending on where you live if it is a big city college or small community college can determine the commute and what kind of transportation you are going to take. Bus passes can add up to be expensive and cars take up a lot of gas especially when driven daily and our gas prices today do not help. Riding a bike or skateboard is not always an option depending on where you live and how far away your location is from the campus. What can also have a negative effect to living on campus is the traffic that can cause you to become tardy to classes. Even when driving a personal vehicle you are not safe from tardies you still run the risk of car trouble, a full parking lot or traffic. Public transportation can also become a hassle; the reason being you cannot control the bus driver, if the bus is delayed or missed it can lead to problems with being on time. According to statistics shown by various sources indicate that students who live on campus tend to complete more semester hours and attain higher GPAs than the students that live off campus. Even though that is the case, Angelo State University reported that 80% of students still prefer to live off campus. (Jones, 2004). According to USNEWS. com â€Å"of the 1,259 schools that provided campus housing data to U. S. News, an average of 48 percent of the undergraduate student body lives on campus. Ten of the schools that provided data on campus housing in 2010 said that their entire undergraduate student body lives on campus, while 52 reported having no undergraduate students living in campus dorms†. (Wecker, 2011). When making the decision of living on or off campus make sure to always keep in mind the pros and the cons of each living scenario and the consequences that each come with. Although both living styles have there ups and downs they are both very beneficial to the college lifestyle in numerous ways whether it is being a part of the college experience and lifestyle to trying to save money and being more conservative with your money. The key is knowing yourself and what college experience you wish to pursue and prefer and that can make the decision of living on or off campus a simpler one.

Friday, September 27, 2019

GAAP rules that will assist to determine the fraud in the key areas Research Paper

GAAP rules that will assist to determine the fraud in the key areas - Research Paper Example According to the research findings auditor has highlighted these major problems. †¢ Leases on technology assets seem inflated †¢ Understated of e Commerce state tax payment †¢ Fictitious employees receiving post-employment benefits †¢ Hiding cash in order to help in future quarters where earning do not meet analyst’s expectations †¢ Concealing inventory shrinkage because it seems low for the industry There are many GAAP rules that assist to determine if the fraud is taking place all these areas. International GAAP, ISA 240 the Auditor Responsibilities Relating to Fraud in an Audit of Financial Statements recognizes that the misstatement in the financial statement can arise from the either fraud and error. The distinguishing factor is whether the underlying action that resulted in the misstatement was intentional or unintentional. The above all situations are supposed to be a fraud because the audit team found all these activities as a fraud. In relation with IAS 240, the fraud is a criminal activity. In addition, it is not a role of the auditor to determine whether the fraud is has actually occurred. That is the responsibility of a country’s legal system. Auditor must only be aware of the impact of fraud on the accuracy of financial statements. The GAPP rules state that the auditor is responsible for obtaining reasonable assurance that the financial statements, taken as a whole, are free from material misstatements, whether fraud and error. ISA 315 identifying and assessing the risk of material misstatements state assist to determine the determine fraud in the above mentioned situation. The GAAP rules that assist to determine the fraud in above situations are mentioned below separately. Leases on technology assets seem inflated: Technological assets are treated as the major asset of the company. Inflated leases amount can manipulate the figures of assets in statement of financial position of the company easily. In the light of IAS 240, the Auditor Responsibilities Relating to Fraud in an Audit of Financial Statements, Fraudulent financial reporting techniques are treated as Fraud. These are the techniques that can misstate the accounts to make the company look better/worse than it actually is. In this situation the GAAP assist to determine the fraudulent situation in this scenario because it is the possibility that the management of the company want to manipulate the figures of assets to make up the statement of financial position. Understatement of e-Commerce state tax payment: Misrepresentation of tax payments can show the better profitability figures in statement of comprehensive income. According to GAAP, Auditor has the responsibility to assure the financial statements are presenting true and fair view. That’s why the GAAP assist to determine the fraud in this case because if this activity is not treated as fraud, then the auditor will not be able to give the reasonable assurance on the truth and fairness of financial statements of the company. Fictitious employees receiving post-employment benefits: IAS 200 overall objective of the independent auditor state that the auditor is responsible for providing â€Å"an opinion in whether the financial statements are prepared, in all material respects, in accordance with an applicable financial reporting framework†. The company accounts can be manipulated in material manner by the technique to giving post engagement benefits to fictitious employees. In this case, it is responsibility of the auditor to treat this activity as fraud to fulfill his primary aim of the audit. Hiding cash in order to help in future quarters where earning do not meet

Thursday, September 26, 2019

Understanding what it means to be a Christian Essay

Understanding what it means to be a Christian - Essay Example Did Jesus need to be born of a virgin as a condition of his being a savior? Virginity being a very personal and unseen condition, how did the bible determine if this was truth? Speaking of bible and the truth brings us to the third and last topic: does the bible have authority? Is it truly God’s word as Christians have been claiming from time immemorial? The classic story of a young boy illustrating the depth of the mystery of the Holy Trinity by attempting to fill a small sand pit with all of the water from the sea depicts the magnitude of God’s wisdom and the limits of human understanding. Jesus Christ was known to be the son of God, the only begotten son sent as the sacrificial lamb to save the whole world from the curse of sin by dying on the cross then resurrecting from the dead after three days. This sums Him up as being not only God nor only man but both. As Jesus Christ, he is totally human yet possessing Godly attributes and power setting him apart from ordinary men. His feats prove that He is â€Å"not of this earth† baffles the understanding of the people who witnessed him perform miracles and speak with power. Documented in the bible were many statements that concern the deity of Christ. From the old testament to the new testament, prophets have proclaimed his coming or exalted his name in praise. Isaiah, b orn hundreds of years before Jesus’ birth called Him â€Å"The Mighty God† (Isa.. 9:6). Paul was â€Å"looking for that blessed hope, and the glorious appearing of the great God and our Saviour Jesus Christ† (Titus 2:13). Paul also quotes in his teachings an early church doctrinal statement, â€Å"God was manifest in the flesh, justified in the Spirit, seen of angels, preached unto the Gentiles, believed on in the world, received up into glory† (1 Tim. 3:16). Jesus himself introduced that He was the son of God, although knowing his metaphoric language, He did not do so directly. He testified that â€Å"Before Abraham was, I

National Security Safeguards and Countermeasures Techniques Final Essay

National Security Safeguards and Countermeasures Techniques Final - Essay Example That promotes higher levels of responsibility since the executive is aware of the close supervision. Every item that makes it to the budget undergoes great consideration to determine the effect it would have on the budget and the reaction of the legislature on such expenditure. A shortfall of the concept is that it allows little or no breathing time. The executive and legislature are continually involved in the budgeting process. That may limit the time available to analyze government activities. The basis for the development of safeguards and countermeasures is the concern over the increasing threat of terrorist attacks. There has been great development in nuclear weaponry necessitating greater efforts to boost countermeasures and safeguards. The aim is to ensure national security and safety. Countermeasures help detect and identify any material with the potential to be converted into weapons that can be used in terrorism. 3. In National Security Safeguards and Countermeasures Techniques, reciprocity is necessary as it allows for the sharing of classified information, facilities and services by the different security agencies. That helps manage costs of

Wednesday, September 25, 2019

Financing Government Operations Research Paper Example | Topics and Well Written Essays - 3000 words

Financing Government Operations - Research Paper Example It is amongst the seven counties, and the nine cities which form part and parcel of the Hampton Roads metro area. Norfolk Virginia is bordered on the Northern side by the Chesapeake Bay and on the Western side by the Elizabeth River. On its Sothern side, Virginia Beach shares its borders with the cities of Chesapeake, and on its Eastern side, it borders the Virginia Beach. Norfolk Virginia is regarded as the cultural, financial, and urban center of the Hampton Roads (Rose, 2000). The city of Norfolk Virginia has a long historical background as an important strategic transportation and military point. It hosts the largest naval military base in the world, that is, the Naval Station Norfolk. It also hosts two important strategic command headquarters of NATO. It is also a transportation hub, and this is mainly because it has the headquarters of Norfolk Southern Railway. This is a company that operates one of the North’s America Class I railroads (Rose, 2000). This city is also the headquarters of Maersk Line Limited. This is a company that manages the largest fleet of the flag vessels of United States. As a city that is bordered by a variety of water bodies, Norfolk has a number of many miles of bayfront property, and riverfront. This situation makes it very attractive for tourism. Some of the world’s attractive tourism destinations are found in the regions that are surrounded by water bodies, and this includes countries such as Egypt, Venice, etc (Rose, 2000). Therefore, one of the public policies that the government of North Virginia can seek to develop and implement is on the methods of improving tourism in the country. This paper seeks to analyze the various sources of revenue for the government, and how it can fund tourism projects in the city of Norfolk Virginia (Rose, 2000). Furthermore, this paper seeks to describe the restrictions that are placed on those sources of revenue, and how public policy decisions normally affect the receipt of those

Tuesday, September 24, 2019

Job Analysis Assignment Example | Topics and Well Written Essays - 250 words

Job Analysis - Assignment Example Other overlapping duties I perform include office logistics, which should be handled by the logistics manager but often overflow into my job description. Work standards have been established. They include set durations timelines for activities like cleaning, error margins, and cost effectiveness. For example, the office and all office items should be cleaned between 1800 and 2000 hours daily so that by the time employees arrive in the morning they work in a clean and conducive environment. Questions concerning employee contracts and remuneration, questions concerning employee attitudes and performances, questions concerning reviews and appraisals, and questions concerning staffing (Quible, 2014). I am responsible for keeping employee information confidential. I ensure that each employee’s personal and work information is accessible only by me and senior management, not other employees (Quible, 2014). Ability to identify problems and weaknesses and come up with effective solutions, awareness and understanding of work requirements, and ability to provide logical justifications for actions (Quible, 2014) High level of safety is required, especially since the office is a habitable environment. Standard safety requirements are supplemented with personal responsibility and keenness (Quible, 2014). For equipment, all operating procedures and manuals must be followed. The office manager position is a critical position that requires a lot of skills, knowledge, and acuity to execute effectively (Quible, 2014). The office manager is an important member of the organization and the duties involved demand the highest level of

Monday, September 23, 2019

What is Art (ar arts) Essay Example | Topics and Well Written Essays - 1000 words

What is Art (ar arts) - Essay Example The paper also discusses intended purposes of these forms of art and the current trend. Literature is termed as an art in that it is a way by which individuals are able to express their ideas and feeling regarding various, there are many forms of written art which include novels, academic book, journals and magazines. These forms of art service various purposes and that they are aimed at informing, persuading and entertaining, for example newspapers and other forms of written art are used to inform the general public, and novels on the other hand are for entertainment purposes. These is another form of art that is used for the purpose of communication, it is also used for entertainment purposes. Today the film and video industry has been commercialized and large firms have invested in this firm of art industry example Hollywood, therefore this form of art provides employment opportunities. Music is also another form of art that involve the presentation of audio form of art, it is one of the oldest form of art which can be traced back to ancient times, the music industry provide employment opportunities and its main purpose is to entertain, persuade and inform individuals in the society, music has been used to express certain feeling and also to persuade. Paintings: Paintings, drawing s and pictures are forms of art that involve the use of signs in communication, this is one of the oldest form of art given that in the past when man lived in caves he painted cave walls. Its original purpose was a form of expression but this has changed with time whereby today art is a form of communication. b. Purpose: The intended purpose of art varies from the original creator of art, some form of art are created in order to entertain, commercial purposes, inform and as a form of expression. The following is a discussion of some of the purposes of art: Commercial: Most forms of art today are created for commercial purposes, this means that there are many individuals in the world today who depend on art as a source of income, for example all literature work is sold in the market at a price, all music, films and videos are sold in the market . Forms of art are also used by production firms to advertise their products, advertisements are accompanied by music and performances which help in the sale of products and this can therefore be termed as another commercial purpose of art, art is therefore an important economic activity in the world today. Entertain: Some forms of art are for entertainment purposes, although they are sold in the market example films and music their main purpose is to entertainment and in order for individuals to be entertained they pay for these forms of art. A good example is music and films whose main purpose is to entertain the audience. Communicate: The above mentioned forms of art are forms of communication, however art only provides a one way communication channel whereby the audience is not in a position to respond to expressions of art. Some of the common forms of art that serve the communication purpose include newspapers and videos and films. Expression: Forms of art are used to express certain feeling, these is most common with paintings and visual form of art, these forms of art can express happiness, violence, loneliness, joy and anger. For example an artist can create a form of art that shows individuals fighting and therefore this

Sunday, September 22, 2019

Negligence of Tort Essay Example for Free

Negligence of Tort Essay DEFINITIONS: In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. TORT: In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are considered mandatory for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortuous act, he/ she are legally a Tortfeasor. Tortiuos acts include breach of duties imposed under statutory laws, causing bodily harm to other people, property, or infringing on another’s legal rights.for there to be a case under tort NEGLIGENCE: This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied. * Duty of care * Breach of the duty EXAMPLES: Experience Of Harm Arising From That Breach. Donoghue V. Stevenson A case of tort on negligence is only successful if the following five elements are met. Firstly, a duty of care must be evident. Donoghue v. Stevenson. Given this fact, we also need to know whether the consequences of  the defendants act were reasonably foreseen. In case of the family friendly fishing company and Neil, they are legally liable for the immediate harm caused to June and Gina. Kent v Griffiths In the case of jack versus the Gosford hospital, jack has no legal case against the hospital since the emergency landing that arose was not reasonably foreseen. Topp v London Country Bus Ltd In addition to this, Gina and June have a legal case against the family friendly fishing company since there was legal proximity of relationship through the contract of hiring the boat. Home Office v Dorset Yacht Club June and Gina have action against Neil and the family friendly fishing. This is because the company and Neil are professionals in this field and yet they breached the duty they are entailed to do. Bolam v Friern Barnet Hospital June has no case against Grosford hospital since the process through which she lost her arm is normal since it does happen. In addition, the hospital done the best it could to help her and thus they cannot be accused of negligence. The Mickey family and the Grosford hospital could all sue the family friendly fishing for damages. However in mitigation the company could claim that there were multiple causes for the injuries suffered, Wilsher v Essex AHA On the issue of Gina and June the company could claim that the presence of the rare fish on the new south Wales coast was not a common thing and thus the fish could be a contributory factor for June and Gina’s accident. On the issue of the Grosford hospital, the family friendly fishing could claim that the helicopter taking an emergency landing could have been a contributory factor to factor to Junes loss of her hand. Jack may have a legally binding case against the Grosford hospital. Although this is, the case jack would end up losing at the end. This is because firstly there was no relationship of proximity either legal or  physical between the incidents that triggered his condition. Caparo v Dickman .In addition, the hospital could claim vicarious liability since at the time of the incident the hospital was on an external mission at the request of the family friendly fishing company. Although Neil is liable for June and Gina’s initial accidents he is well protected by law. Although June and Gina have a case against Neil, Neil could claim protection under the vicarious liability clause. The vicarious liability refers to the notion that a person can and do become responsible or liable for other people’s liabilities because there exist a legally acceptable relationship. Such relationships might include parent-child relationship, or an employer-employee relationship. In this case, the family friendly fishing could be held liable for Neils liabilities since they are the employers. Between the concerned parties, the most liable party is the family friendly fishing company. This is because all the parties concerned in the melee can all sue the family friendly fishing company. This is because the company’s negligent actions are the reason why each involved party is at a loss. The company should prepare itself for lawsuit and the family friendly fishing company should brace itself, to be legally prepared to pay special damages, general damages as well as punitive damages. On top of this, the company should also be prepared for the courts to issue an injunction against them if it is deemed necessary. CONCLUSION: The five elements of negligence should be recognizable under tort law. However, as professor Robertson of Texas University has noted the five elements needs to be kept separate, this is because in practice there arises lots of conceptual mistakes or confusions. The use of vicarious liability as a defense against a case of law on tort of negligence has widely been disputed over its rationale. Many scholars have argued that the use of vicarious liability is only intended to find legally  a more solvent defendant. In a legal perspective, the family friendly fishing company is supposed to pay special and general damages to Gina and June. This is because the company has caused the two irreparable damage because of its own negligent activities. Damages awarded are usually compensatory but not punitive in nature. For the sake of the family friendly fishing company, the damages it would have to pay would most probably include a punitive element. The punitive element would arise if the employee, Neil would declare that indeed he had asked the company to change the boats gear, although the company declined. This refusal of the company to use standard tools for profiteering reasons would be termed as an act of maliciousness or acting in an callously indifferent way.

Saturday, September 21, 2019

Gender Differences in the Workforce

Gender Differences in the Workforce The contention that women’s roles in having a career results in the creation of a problem with regard to them achieving a balance between their work and lives finds its roots in the rights and equality issues women have faced throughout the ages. The subject is not a contemporary one, although this tends to be the common perception due to scant references to resources dating back centuries as a result of either suppression or the lack of relevant data in books. In fact, such information is available via research in many journals and letters. The sources of the conception that a woman’s career somehow takes second precedence to being a wife, mother or homemaker are founded in a number of myths, prejudicial thinking, misguided notions and historical contexts that have fostered them as second class citizens. A large percentage of feminists believe that the status of women being regarded as second-class citizens is a result of patriarchy being the foundation that modern society was built upon and that this fostered thinking, attitudes and conceptions that relegated them to secondary roles instead of being regarded as equals. The foregoing notion(s) shall be examined from a number of standpoints to clarify the unenlightened views held by some in this regard. The examination will not be conducted from a feminist point of view, nor shall it seek to explain prevailing views, it shall instead present the relevant facts which the conclusions shall be drawn from. The simple truth is that women have been balancing multiple roles through history and the insertion of the role of career can be equated to any number of functions that they have performed and accomplished. Chapter 1 – Introduction 1.1 Background In order to set the context for the discussion regarding the contention that women’s roles in having careers poses a problem in their achieving balance between work and life, the first salient fact that needs tube established is that women constitute 3,209,000,000 of the world’s total population estimate of 6,477,450,857 (Population Reference Bureau, 2006). This means that the under utilization of women represents a 50% reduction in the number of available individuals that can make a contribution in professional terms. Chart 1 – Education Variables – Women (Population Reference Bureau, 2006) Demographic Variable Country Data Women All Ages, 2005 World 3,209,000,000 All Educational Variables Literacy Women as % of Literate Men, Ages 15-24, 2000-04 World 92 Secondary School Enrolment, Female, 2000-03 (as % of school-age enrolment) World 93 As the preceding chart indicates, the slight difference in overall literacy rates does not put women at a disadvantage in terms of educational qualifications, yet their unemployment rate remains considerably higher proportionally. As shown from the following chart, women comprise approximately 40% of today’s work force yet their participation rates indicate bias (see Chart 3 – Male and Female Labour Force Participation Rates and the Gender Gap in Economically Active Females per 100 Males, 2003): Chart 2 – Global Labour Market Indicators / 1993 and 2003 (International Labour Organization, 2004) Female Male Total 1993 2003 1993 2003 1993 2003 Labour force (millions) 1,006 1,208 1,507 1,769 2,513 2,978 Employment (millions) 948 1,130 1,425 1,661 2,373 2,792 Unemployment (millions) 58.2 77.8 82.3 108.1 140.5 185.9 Labour force participation rate (%) 53.5 53.9 80.5 79.4 67.0 66.6 Employment-to-population ratio (%) 50.4 50.5 76.1 74.5 63.3 62.5 Unemployment rate (%) 5.8 6.4 5.5 6.1 5.6 6.2 Chart 3 – Male and Female Labour Force Participation Rates and the Gender Gap in Economically Active Females per 100 Males, 2003 (International Labour Organization, 2004) Male LFPR Female LFPR Gender Gap in Economically Active Females per 100 Males World 79.4 53.9 68 Middle East and North Africa 76.8 28.2 36 South Asia 81.1 37.4 44 Latin America and the Caribbean 80.5 49.2 64 Industrialized Economies 70.3 50.5 76 Transition Economies 65.7 53.1 91 South-East Asia 82.9 60.5 75 Sub-Saharan Africa 85.3 63.2 77 East Asia 85.1 73.1 83 When wages are factored into the preceding figures, the picture of bias with respect to employed women takes on additional meaning. Chart 4 – Percentage Change in Real Wages/Earnings, Men and Women for Selected Occupations. (International Labour Organization, 2004) Accountant Computer First- Labourer Professional Welder (in banking) programmer Level in nurse in metal in education construction Manu- insurance teacher factoring F M F M F M F M F M F M Bahrain (1993-98) 16 1161 near near -7 131 36 24 1n.a.1 1n.a1 1n.a.1 1n.a1 Belarus (1996-2000) near near near near 100 35 307 323 near near near near Cyprus (1990-2001) near near 44 60 23 12 49 37 26 9 near near Finland (1990-1999) 67 96 44 66 -7 -4 1 8 -7 -6 -10 -1 Jordan (1988-1997) 29 20 -63 -51 25 13 near near -21 -17 near near Korea, Republic of (1990-2001) 91 46 94 73 29 60 115 37 71 229 46 49 Kyrgyzstan (1998-2001) 4 -26 near near -14 -39 4 20 -19 -32 near near Latvia (1997-2001) 39 31 561 142 82 45 36 18 60 33 1 26 Peru (1997-2001) 15 35 -13 -20 34 37 near near near near near near Poland (1998-2001) 28 31 103 70 53 53 13 20 26 29 45 25 Romania (1995-2001) 126 73 1 38 -7 -6 -19 -24 27 17 -22 -20 Singapore (1995-2000) -3 -24 24 43 near near 26 16 9 24 24 19 United Kingdom (1996-2001) 16 1 9 near near near near near near 10 12 near near United States (1990-2000) 9 12 15 6 4 14 near near -2 10 near near From the foregoing it appears that the problem with women’s roles in having a career is the problem that is perceived by others rather than women themselves. The preceding statement is made as a result of the purely statistical information which clearly shows that women want to work and have the basic educational background(s), however wages are a reflection of a perceived difference even when gauged against the same profession. Therefore, there must be other forces, explanations, perceptions and aspects at work. In order to understand the environments outlined by the preceding, it will be necessary to delve into social, gender, historical, economic and other areas in order to develop an understanding of what is at work in even asking the question, as well as answering it. For if the preceding did not consist of underlying causes, then the need to examine the phenomenon would not exist. The foregoing brings us to areas of examination that at first glance might seem disconnected from the context, but in reality are revealing looks into legislative, sociological, cultural, historical and aspects that aid in providing not just facts, but insight as a result of reviewing them in combination as statistical data and appropriate legislation are a result of changing societal views. But legislation alone cannot cause individuals to evolve their views, and herein lies the problem as there are countless examples where the spirit of the law has been subjugated and artificial barriers created or utilized. The preceding are events, circumstances and outgrowths that are not the product of women’s careers being the problem, these are other forces at work making it a problem. 1.2 Historical Perspectives Historically women have managed, just as males have, to multi task. The example of the working male who engages in sports, hunting, boating, wood working, and running multiple businesses does not raise the question as to whether they are neglecting or failing to provide their families with enough fathering time. This is a result of patriarchy which means in literal terms that males make the decisions as a result of them being the dominant aspect in political as well asocial affairs. But, more importantly males own and run the corporations by and large, as well as are dominant in political, military and other manifestations of power. Therefore, whether one elects to think of society at large being patriarchal, it in fact is. Hence, the preceding fosters underlying, hidden and historical perceptions regarding the roles of men and women as established centuries ago. Support for the preceding view can be traced back to Roman law during the period defined as Augustus to Justinian, as represented by27 B.C. to 527 A.D. A Roman woman was regarded as legally capable at the age of thirteen whereby she was permitted to draw up a will(Hacker, 2004). The foregoing however was bound by the condition that she could do so under supervision. Supervision was deemed to either bathe female’s father, male guardian of husband and their consent was essential in order for the will to be executed. The preceding stipulation of male consent remained as a condition over a Roman woman’s life regardless of her age. This condition was explained as being a result of their â€Å"†¦ unsteadiness of character†, â€Å" â€Å"the weakness of the sex†, and â€Å"ignorance of legal matters† (Hacker, 2004, p-3). Evidence of subjugation can also be found in Church history. Canon law states that a wife must be submissive to her husband and that she could not cut off her hair under penalty of excommunication (Hecker,2004, p-9). And in the case of Joan of Arc, it was her breaking of the law stating that a woman who wore men’s garments was accursed, that was one of the charges that resulted in her being burned at the stake(Hacker, 2004, p-9). Similar examples can also be found in British law where under older common law a husband had the authority to â€Å"†¦ correct and chastise his wife† (Hacker, 2004, p-11). The preceding examples are a few of the historical foundations that patriarchy has been built upon and hence the underlying foundation from which the subject of woman’s career roles emanates. Chapter 2 –Segregation in the Workplace 2.1 Segregation Segregation in the workplace constitutes a phenomenon that is linked to sex discrimination, the glass ceiling, patriarchy and unequal wages in that it reinforces stereotyped views, attitudes and traditions. Resin (1984) states that work related sex segregation can be characterized in the following manner, the first is through norms that separate sexes into separate spheres, such as the predominance of females in domestic work and males in construction, and via functional separation whereby males and females do different work in the same work setting. Segregation in the workplace is a further subtle reinforcement of inequality that slowly permeates the conscientiousness of both males and females into accepting this abnormality as being normal. A review of segregation in the workplace in terms of its manifestations shall be examined from a neutral stance in order to gauge perspectives from both sides of the equation. Such will be done from a factual information based perspective. The subject of segregation in the workplace with regard to women is also termed as the ‘Glass Ceiling’. This phrase was developed in the United States during the 1970’s to describe artificial and invisible barriers that were and are created as a result of organizational and attitudinal prejudices that serve to prevent women from assuming top positions in the workplace (Wirth, 2001). As the most visible and publicized example of discrimination and the segregation of women in the work place, the exclusion of females from top positions within corporations is clearly evident by the fact that they hold just 2 to 3 percent of the top positions. Linda Wirth (2001) has stated that women have not reached top positions in major companies and that the foregoing has nothing to do with their lack of abilities. The International Labour Organization (Chart 5) indicates that around fifty percent (59%) of all women are positioned in occupations that cane be termed sex stereotyped. The preceding term is defined as meaning that approximately eighty present (89%) of the workers within these occupations are either males or females whereas management is primarily male dominated position. Chart 5 – Women’s Share of Administrative – Managerial Positions and Their Share of Total Employment, 1994-1995 (Wirth, 2001, p 193) Country Administrative and Managerial Jobs (%) Total Employment (%) Australia 43 42 Austria 22 43 Chile 20 32 Costa Rica 23 30 Ecuador 28 38 Egypt 12 20 Finland 25 47 Israel 19 42 Japan 9 41 Malaysia 19 34 Mexico 20 32 Norway 32 46 Paraguay 23 41 Philippines 33 37 Sri Lanka 17 48 Switzerland 28 40 Turkey 10 30 United Kingdom 33 45 United States 43 46 Uruguay 28 41 Venezuela 23 33 The preceding is an example of how segregation in the workplace extends into wage inequality as well as job satisfaction in that there is a cap on the level of advancement which women can generally aspire to thus slowly dampening their drive and determination in the face of subtle hurdles. Given the predominance of male positioned managers, executives and directors only the most dedicated and brightest of females manage to reach top positions where they still remain underpaid and suffer forms of discrimination in a male dominated environment. The definitive example of work segregation is found in the manner in which men and women are paid for the same work. Chart 4, Percentage Change in Real Wages/Earnings, Men and Women for Selected Occupations, revealed that the fact there has been and is a percentage change in real wage earnings for men and women in selected occupations, means that there was wage disparity in the first place (International Labour Organization, 2004). The idea of traditional occupations represents one of the most pervasive forms of segregation in work whereby males are thought to be either innately qualified or predisposed to work in certain industries. An example of the preceding is demonstrated by the findings of the Equal Opportunities Commission in Scotland based upon research conducted by Caledonian University in Glasgow. Said study found that there are barriers to younger adults pursuing certain career choices and that these include the negative feedback and or attitudes of family, friends and more particularly employers (BBC News, 2005). Said study pointed to the fact that there were just forty-one female apprentices in the entire country that were actively engaged in pursuing a construction career., and only fifty in engineering (BBCNews, 2005). On the opposite side of the coin the same study revealed that just 15 males were pursuing careers as apprentices in childcare. The report concluded that the barriers concerning the recruitment of males for that occupation were the low pay and attitudes of end users regarding the suitability of males in such roles (BBC News, 2005). 2.2 Gender Segregation Gender segregation represents a real issue that is neither subtle nor hidden, yet defies the concept of discrimination in that it prevents females from assuming careers that tend to fall outside of what is either considered feminine or represent male dominated areas whereby their attempt at entry will be greeted with barriers. The conception that there are traditional roles for men and women is countermanded byte fact that fully one-third of Finnish and American entrepreneurs are women, as just one singular example (International Labour Office,2004). The concept of segregation in the workplace has many differing forms and varieties, but it is what it is, segregation. And that fosters the climate that continues the attitudinal as well as prejudicial underpinnings that contribute to the view of woman’s careers as being predisposed to a certain limited sphere as well as inequality. Pascale differences, the conception that certain careers are better suited to women, the disproportionate skew of males in managerial positions as well as the predominate concentrations of females in certain professions and industries reinforce this environment to the detriment of all. Chapter 3 Attitudes Toward Women at Work As pointed out in Chapter 3 – Segregation in the Workplace, certain predefined ideas and conceptions provide the basis that fosters and continues the notion that varied occupations are better suited to women or men. This thinking helps to create an attitudinal atmosphere that reinforces itself in spite of there being proof to the contrary. Evening what we like to think of as our modern and progressive societies of the new millennium, much of the same limited and outdated thinking that existed prior to the 1940’s is still with us, and in spite of all of the legislation, feminist movements and understanding of equal rights, progress in terms of changing or evolving people’s minds has been slowing coming. The aforementioned ‘glass ceiling’ atmosphere is a pervasive climate that permeates throughout the work environment. Its visual manifestations in terms of the male dominated professions and management positions are consistent reminders of the way things are, as well as the way things were. Thus, an examination of attitudes concerning women at work is linked to segregation in the workplace as well as other concepts as they are inexorably tied to one another. The most disturbing examples of attitudes with regard to women at work arise discrimination and sexual harassment, both outgrowths of segregation in the workplace. 3.1 Looking Under the Surface Oddly, the Allies would most likely not have won World War I without women. Not because they were nurses, functioned as telephone operators or were basically secretaries to generals and prime ministers, but because they welded tanks, made munitions, drove tractor-trailers, operated heavy machinery and performed all manner of traditionally male jobs (Wikipedia, 2005). With such a breakthrough in thinking as well as demonstration of female aptitude one would wonders to why the questions of discrimination, work place segregation and unequal pay scales are still with us, yet they are. Once again, the roots of such odd thinking can be traced back to patriarchy, which comes from ancient Greece whereby patria Thus the ramifications of continued second class citizenship with regard to participation in the work force must be explained by ingrained societal foundations, and this is the rationale for the examination of the word patriarchy. Given its foundation of ruler, archer, the platform for at least a partial explanation of the struggle women still face in the workplace seems to have a basis. The foregoing when combined with the ‘glass ceiling’ effect and unequal wage scales brings forth the fact that there is de facto sex discrimination, and these practices create the view that sees women as secondary, or less important workers and individuals. Article 20 of the European Charter of Fundamental Rights, which was enacted in 2000, states that everyone is equal in terms of the law and Article 21 of that legislation states(Silver, 2003): â€Å"Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited† The European Charter of Fundamental Rights goes on to add in Article23 that it is understood that it recognizes equality between men and women as being (Silver, 2003): â€Å"†¦ in all areas, including employment, work and pay, without preventing measures providing for specific advantages in favour of thunder-represented sex† The language as well as intent leaves no room for misinterpretation with regard to the stance of the European Union and thus the obligations of all member nations. The problem with the foregoing is that it had to be legislated rather than being a part of the social fabric. And, as it is with all regulations, laws and legislation, penalties form the basis for compliance where common sense and morality do not prevail. Once again, the ingrained thinking of centuries of cultural and traditional foundations of patriarchal societies is at work slowing the process. And while there has been and is progress in terms of the opportunities open to women, these areas pale in comparison to the overall number taken as a whole. The International Labour Organization (2003) found that while women represent forty present (40%) of the labour force, their proportion of managerial positions is fewer than twenty present (20%). Its studies also uncovered that the higher the management position, the less women are represented. The latest figures on top corporate positions found that women constituted just a 2 to 3 present representation (International Labour Organization, 2003, p-5). The preceding, while limited to managerial considerations, is clear indication of the prevailing attitude in the workplace regarding careers involving women. It points to the ‘glass ceiling’ effect and the fact that within the structures as well as processes of society and organizations that there is inherent discrimination that transcends legislation through the application of slow and frustrating practices. The correlation of attitudes in the workplace is best exemplified through what is and has transpired as a result of historical employment patterns. Developed economies such as the United Kingdom and Switzerland report that slightly over ten present (10%) and twelve present (12%), respectively, of executives in these countries were women as of 1999 (International Labour Organization, 2003, p-6). And while there have been increases in the level of managerial positions held by women, the overall percentage increase has been in the range of1 through 3 present. 3.2 Statistical Evidence Statistical evidence has been utilized to illustrate that the workplace attitudes concerning women has been and is slow to change. In the United Kingdom a survey conducted by the Equal Opportunities Commission(2006) indicated that while females have been outperforming males in education and that they statistically outnumber males in institutions of higher learning, they represent just: nine present (9%) of the senior judiciary, ten present (10%) of senior police officers, and thirteen present (13%) of national newspaper editors The overall consensus reached by the survey is that there has been little progress or change since the Equal Opportunity Commission first published its findings in 2004. The lack of any meaningful progress in women achieving managerial positions has been utilized as a bell weather to gauge attitudes and indicates that social, cultural and economic variables, as well as wage scales, that are clear indicators with respect to the fact that the workplace attitudes concerning women still sees them in secondary rather than equal roles. Chapter 4 Legislation Concerning Gender and Employment The European Union passed the Equal Pay Act in 1970, which marked its first legislation on discrimination. Society was different in that period than it is now and in some ways it remains the same. The gender divide is still present and research has shown that there is little difference in a reduction of the wage gap. The fact that the European Union has been diligent in its understanding and approach to the facets of inequality, discrimination in all forms, equal pay, employment equality, sexual harassment, and sex discrimination means that there are other factors inhibiting the objective of attaining improvements in these areas. In order to understand what has transpired in terms of society and legislation, a comparative examination of the 30 year period that represents the enactment of the Equal Pay Act of 1970 and today shall attempt to identify the factors inhibiting progress in the achievement of the aims of legislation designed to eliminate the aforementioned inequities. 4.1 Equal Pay Act of 1970 (Equal Opportunity Commission, 2005) The Act makes it unlawful for employers to discriminate in the workplace between males and females with regard to their rate of payment when they are engaged in the same as well as similar work, work that is rated as being equivalent and or work that is of equal value. The key provision is that the Act refers to comparisons for the preceding between individuals of the opposite sex. When the Act was passed in 1970 the wage gap between males and females stood as thirty-seven present (37%) (Woman and Equality, 2006). By the time the Act became law in 1975 the wage gap had reduced to thirty present(30%), and presently it stands at seventeen present (17%) (Equal Opportunity Commission, 2005). The Act provides both men as well as women to equal payment in terms of the contract for employment and provides for coverage for piecework, quotas, bonuses, sick leave and holidays. Enhancements to the Act under European Law have extended the range of coverage to redundancy payments, concessions for travel, pensions handled by employers and to occupational benefits under pension plans administered by employers. The Equal Pay Act was the first as well as most important piece of legislation in that it immediately addressed the issue of compensation that covered every male and female within the jurisdiction of the European Union. And while being a landmark piece of legislation in terms of seeking to level the playing field for women, the Act also contains provisions that provide employers with a defence concerning pay differences. It states that employers do not have to pay the same wages as well as benefits for equal work if they can effectively prove that the difference on wages is a factor unrelated toe difference in sex. It also provides for the fact that differing geographic locations might serve as grounds, as well as specialized recruitment for particular positions and the requirement or need to retain workers that perform or occupy particular positions. 4.2 Equal Treatment in Employment and Occupation (International Labour Organization, 2006) As referred to as ‘gender equality’ Directive 76/207, which was amended by Directive 2000/78/EC of 27 November 2000 of the European Commission Treaty, it sets forth the foundations and regulations concerning equal treatment in terms of: 1. access to employment 2. self-employment and occupation, 3. working conditions, and 4. vocational training The framework that the Directive set down terms and conditions that identified discrimination on the basis of: religion or belief, and age or sexual orientation, with regard to employment as well as occupation, thus putting into effect in the European Union states principles of equal treatment as long as the preceding does is not as a result of discrimination based upon sex, which is legislated under the Sex Discrimination Act. And while this piece of legislation is not directly linked to considerations based upon sexual orientation, it does represent a broad context that broadens the scope of the European Union’s legislative powers in these areas and as such constitutes a supporting role in the specific mandates that affect women. As covered under Chapter 3 -Attitudes Toward Women at Work, societal, traditions and cultural foundations help to shape individual as well as corporate thinking. As such the attack on prejudice needs to take a direct frontal approach as well as from angles to centralize and focus in on the problem or unequal treatment as a concept, condition and principle. Sex Discrimination Act, as amended, of 1976 (Equal Opportunity Commission, 2002) The Act provides for the fact that individuals must have legal protection with regard to harassment and sexual harassment in employment as well as vocational training. The Act defines harassments: â€Å"†¦ where unwanted conduct related to the sex of a person occurs with the purpose of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment†. (Equal Opportunity Commission, 2002) And in terms of the Act, sexual harassment is defined as: â€Å"†¦ where any form of unwanted verbal, non-verbal or physical conduct of sexual nature occurs†¦Ã¢â‚¬  (Equal Opportunity Commission, 2002) The preceding refers to when the foregoing violates the dignity of an individual when in particular such creates a hostile, degrading, offensive and or humiliating environment. In the United Kingdom the Protection from Harassment Act 1997 is the singular statute dealing specifically with this subject. It makes it a criminal offence for someone to engage in or pursue a course of conduct, this includes speech, which amounts to the harassment of another individual. Under the UK Harassment Act, harassment is defined as: â€Å"†¦ a course of conduct which amounts to harassment of another, and which he knows or ought to have known amounts to the harassment of another† (Equal Opportunity Commission, 2002) The laws of the European Union clearly set forth the conditions, circumstances and legal ramifications of equal pay, sex discrimination, harassment and gender equality in its position to create compliance with modern societal thinking and correctness. The heart of the principle is that a law is: 1. A rule of conduct or procedure established by custom, agreement or authority. 2. a. The body of rules and principles governing affairs†¦ b. The condition of social order and justice created by adherence to such a system †¦ 4. A piece of enacted legislation † (Houghton Mifflin, 2006) The preceding provides the explanation as to why such legislation is needed. And while there is great debate on the subject, the purpose of government is to protect individual rights and to preserve justice(Wikipedia, 2006). And as it is with any societal system, the prevailing view as well as wisdom changes as thinking evolves. The underlying foundations upon which western societies are primarily built upon are patriarchal and religious precepts. As discussed in Chapter 1– Introduction, the rights of women were scant and subject to the subjugation of males under Roman law, the church and ancient as well as medieval laws. Since legislation for Equal Pay was only enacted in 1970in the European Union it seems to indicate that medieval principles were still at work in our modern age and apparently still at work in that equal pay, attitudes toward women at work and enacted legislation has made progress, but still represents a prime topic of discussion thirty years later. Chapter 5 The Differences Between Men and Women The biological and social constructions of men and women are known to have scientific basis with respect to differences. The notion that we are all created equal is a truth of the human experience, but within that equality, men and women differ in many aspects. The question in the context of women and their career roles with respect to a work and life balance is, does that difference equate some type of advantage, disadvantage or no applicable correlation with regard to that context? 5.1 The Perception of Differences A recent scientific discovery indicated that there are 789 different genes that separate men from women (BBC News, 2003), but the study could not detail what they do or the reasons as to what the differences that these genes might hold. And the foregoing represents the point. There are both differences as well as similarities between the sexes that are identified as a result of psychological differen Gender Differences in the Workforce Gender Differences in the Workforce The contention that women’s roles in having a career results in the creation of a problem with regard to them achieving a balance between their work and lives finds its roots in the rights and equality issues women have faced throughout the ages. The subject is not a contemporary one, although this tends to be the common perception due to scant references to resources dating back centuries as a result of either suppression or the lack of relevant data in books. In fact, such information is available via research in many journals and letters. The sources of the conception that a woman’s career somehow takes second precedence to being a wife, mother or homemaker are founded in a number of myths, prejudicial thinking, misguided notions and historical contexts that have fostered them as second class citizens. A large percentage of feminists believe that the status of women being regarded as second-class citizens is a result of patriarchy being the foundation that modern society was built upon and that this fostered thinking, attitudes and conceptions that relegated them to secondary roles instead of being regarded as equals. The foregoing notion(s) shall be examined from a number of standpoints to clarify the unenlightened views held by some in this regard. The examination will not be conducted from a feminist point of view, nor shall it seek to explain prevailing views, it shall instead present the relevant facts which the conclusions shall be drawn from. The simple truth is that women have been balancing multiple roles through history and the insertion of the role of career can be equated to any number of functions that they have performed and accomplished. Chapter 1 – Introduction 1.1 Background In order to set the context for the discussion regarding the contention that women’s roles in having careers poses a problem in their achieving balance between work and life, the first salient fact that needs tube established is that women constitute 3,209,000,000 of the world’s total population estimate of 6,477,450,857 (Population Reference Bureau, 2006). This means that the under utilization of women represents a 50% reduction in the number of available individuals that can make a contribution in professional terms. Chart 1 – Education Variables – Women (Population Reference Bureau, 2006) Demographic Variable Country Data Women All Ages, 2005 World 3,209,000,000 All Educational Variables Literacy Women as % of Literate Men, Ages 15-24, 2000-04 World 92 Secondary School Enrolment, Female, 2000-03 (as % of school-age enrolment) World 93 As the preceding chart indicates, the slight difference in overall literacy rates does not put women at a disadvantage in terms of educational qualifications, yet their unemployment rate remains considerably higher proportionally. As shown from the following chart, women comprise approximately 40% of today’s work force yet their participation rates indicate bias (see Chart 3 – Male and Female Labour Force Participation Rates and the Gender Gap in Economically Active Females per 100 Males, 2003): Chart 2 – Global Labour Market Indicators / 1993 and 2003 (International Labour Organization, 2004) Female Male Total 1993 2003 1993 2003 1993 2003 Labour force (millions) 1,006 1,208 1,507 1,769 2,513 2,978 Employment (millions) 948 1,130 1,425 1,661 2,373 2,792 Unemployment (millions) 58.2 77.8 82.3 108.1 140.5 185.9 Labour force participation rate (%) 53.5 53.9 80.5 79.4 67.0 66.6 Employment-to-population ratio (%) 50.4 50.5 76.1 74.5 63.3 62.5 Unemployment rate (%) 5.8 6.4 5.5 6.1 5.6 6.2 Chart 3 – Male and Female Labour Force Participation Rates and the Gender Gap in Economically Active Females per 100 Males, 2003 (International Labour Organization, 2004) Male LFPR Female LFPR Gender Gap in Economically Active Females per 100 Males World 79.4 53.9 68 Middle East and North Africa 76.8 28.2 36 South Asia 81.1 37.4 44 Latin America and the Caribbean 80.5 49.2 64 Industrialized Economies 70.3 50.5 76 Transition Economies 65.7 53.1 91 South-East Asia 82.9 60.5 75 Sub-Saharan Africa 85.3 63.2 77 East Asia 85.1 73.1 83 When wages are factored into the preceding figures, the picture of bias with respect to employed women takes on additional meaning. Chart 4 – Percentage Change in Real Wages/Earnings, Men and Women for Selected Occupations. (International Labour Organization, 2004) Accountant Computer First- Labourer Professional Welder (in banking) programmer Level in nurse in metal in education construction Manu- insurance teacher factoring F M F M F M F M F M F M Bahrain (1993-98) 16 1161 near near -7 131 36 24 1n.a.1 1n.a1 1n.a.1 1n.a1 Belarus (1996-2000) near near near near 100 35 307 323 near near near near Cyprus (1990-2001) near near 44 60 23 12 49 37 26 9 near near Finland (1990-1999) 67 96 44 66 -7 -4 1 8 -7 -6 -10 -1 Jordan (1988-1997) 29 20 -63 -51 25 13 near near -21 -17 near near Korea, Republic of (1990-2001) 91 46 94 73 29 60 115 37 71 229 46 49 Kyrgyzstan (1998-2001) 4 -26 near near -14 -39 4 20 -19 -32 near near Latvia (1997-2001) 39 31 561 142 82 45 36 18 60 33 1 26 Peru (1997-2001) 15 35 -13 -20 34 37 near near near near near near Poland (1998-2001) 28 31 103 70 53 53 13 20 26 29 45 25 Romania (1995-2001) 126 73 1 38 -7 -6 -19 -24 27 17 -22 -20 Singapore (1995-2000) -3 -24 24 43 near near 26 16 9 24 24 19 United Kingdom (1996-2001) 16 1 9 near near near near near near 10 12 near near United States (1990-2000) 9 12 15 6 4 14 near near -2 10 near near From the foregoing it appears that the problem with women’s roles in having a career is the problem that is perceived by others rather than women themselves. The preceding statement is made as a result of the purely statistical information which clearly shows that women want to work and have the basic educational background(s), however wages are a reflection of a perceived difference even when gauged against the same profession. Therefore, there must be other forces, explanations, perceptions and aspects at work. In order to understand the environments outlined by the preceding, it will be necessary to delve into social, gender, historical, economic and other areas in order to develop an understanding of what is at work in even asking the question, as well as answering it. For if the preceding did not consist of underlying causes, then the need to examine the phenomenon would not exist. The foregoing brings us to areas of examination that at first glance might seem disconnected from the context, but in reality are revealing looks into legislative, sociological, cultural, historical and aspects that aid in providing not just facts, but insight as a result of reviewing them in combination as statistical data and appropriate legislation are a result of changing societal views. But legislation alone cannot cause individuals to evolve their views, and herein lies the problem as there are countless examples where the spirit of the law has been subjugated and artificial barriers created or utilized. The preceding are events, circumstances and outgrowths that are not the product of women’s careers being the problem, these are other forces at work making it a problem. 1.2 Historical Perspectives Historically women have managed, just as males have, to multi task. The example of the working male who engages in sports, hunting, boating, wood working, and running multiple businesses does not raise the question as to whether they are neglecting or failing to provide their families with enough fathering time. This is a result of patriarchy which means in literal terms that males make the decisions as a result of them being the dominant aspect in political as well asocial affairs. But, more importantly males own and run the corporations by and large, as well as are dominant in political, military and other manifestations of power. Therefore, whether one elects to think of society at large being patriarchal, it in fact is. Hence, the preceding fosters underlying, hidden and historical perceptions regarding the roles of men and women as established centuries ago. Support for the preceding view can be traced back to Roman law during the period defined as Augustus to Justinian, as represented by27 B.C. to 527 A.D. A Roman woman was regarded as legally capable at the age of thirteen whereby she was permitted to draw up a will(Hacker, 2004). The foregoing however was bound by the condition that she could do so under supervision. Supervision was deemed to either bathe female’s father, male guardian of husband and their consent was essential in order for the will to be executed. The preceding stipulation of male consent remained as a condition over a Roman woman’s life regardless of her age. This condition was explained as being a result of their â€Å"†¦ unsteadiness of character†, â€Å" â€Å"the weakness of the sex†, and â€Å"ignorance of legal matters† (Hacker, 2004, p-3). Evidence of subjugation can also be found in Church history. Canon law states that a wife must be submissive to her husband and that she could not cut off her hair under penalty of excommunication (Hecker,2004, p-9). And in the case of Joan of Arc, it was her breaking of the law stating that a woman who wore men’s garments was accursed, that was one of the charges that resulted in her being burned at the stake(Hacker, 2004, p-9). Similar examples can also be found in British law where under older common law a husband had the authority to â€Å"†¦ correct and chastise his wife† (Hacker, 2004, p-11). The preceding examples are a few of the historical foundations that patriarchy has been built upon and hence the underlying foundation from which the subject of woman’s career roles emanates. Chapter 2 –Segregation in the Workplace 2.1 Segregation Segregation in the workplace constitutes a phenomenon that is linked to sex discrimination, the glass ceiling, patriarchy and unequal wages in that it reinforces stereotyped views, attitudes and traditions. Resin (1984) states that work related sex segregation can be characterized in the following manner, the first is through norms that separate sexes into separate spheres, such as the predominance of females in domestic work and males in construction, and via functional separation whereby males and females do different work in the same work setting. Segregation in the workplace is a further subtle reinforcement of inequality that slowly permeates the conscientiousness of both males and females into accepting this abnormality as being normal. A review of segregation in the workplace in terms of its manifestations shall be examined from a neutral stance in order to gauge perspectives from both sides of the equation. Such will be done from a factual information based perspective. The subject of segregation in the workplace with regard to women is also termed as the ‘Glass Ceiling’. This phrase was developed in the United States during the 1970’s to describe artificial and invisible barriers that were and are created as a result of organizational and attitudinal prejudices that serve to prevent women from assuming top positions in the workplace (Wirth, 2001). As the most visible and publicized example of discrimination and the segregation of women in the work place, the exclusion of females from top positions within corporations is clearly evident by the fact that they hold just 2 to 3 percent of the top positions. Linda Wirth (2001) has stated that women have not reached top positions in major companies and that the foregoing has nothing to do with their lack of abilities. The International Labour Organization (Chart 5) indicates that around fifty percent (59%) of all women are positioned in occupations that cane be termed sex stereotyped. The preceding term is defined as meaning that approximately eighty present (89%) of the workers within these occupations are either males or females whereas management is primarily male dominated position. Chart 5 – Women’s Share of Administrative – Managerial Positions and Their Share of Total Employment, 1994-1995 (Wirth, 2001, p 193) Country Administrative and Managerial Jobs (%) Total Employment (%) Australia 43 42 Austria 22 43 Chile 20 32 Costa Rica 23 30 Ecuador 28 38 Egypt 12 20 Finland 25 47 Israel 19 42 Japan 9 41 Malaysia 19 34 Mexico 20 32 Norway 32 46 Paraguay 23 41 Philippines 33 37 Sri Lanka 17 48 Switzerland 28 40 Turkey 10 30 United Kingdom 33 45 United States 43 46 Uruguay 28 41 Venezuela 23 33 The preceding is an example of how segregation in the workplace extends into wage inequality as well as job satisfaction in that there is a cap on the level of advancement which women can generally aspire to thus slowly dampening their drive and determination in the face of subtle hurdles. Given the predominance of male positioned managers, executives and directors only the most dedicated and brightest of females manage to reach top positions where they still remain underpaid and suffer forms of discrimination in a male dominated environment. The definitive example of work segregation is found in the manner in which men and women are paid for the same work. Chart 4, Percentage Change in Real Wages/Earnings, Men and Women for Selected Occupations, revealed that the fact there has been and is a percentage change in real wage earnings for men and women in selected occupations, means that there was wage disparity in the first place (International Labour Organization, 2004). The idea of traditional occupations represents one of the most pervasive forms of segregation in work whereby males are thought to be either innately qualified or predisposed to work in certain industries. An example of the preceding is demonstrated by the findings of the Equal Opportunities Commission in Scotland based upon research conducted by Caledonian University in Glasgow. Said study found that there are barriers to younger adults pursuing certain career choices and that these include the negative feedback and or attitudes of family, friends and more particularly employers (BBC News, 2005). Said study pointed to the fact that there were just forty-one female apprentices in the entire country that were actively engaged in pursuing a construction career., and only fifty in engineering (BBCNews, 2005). On the opposite side of the coin the same study revealed that just 15 males were pursuing careers as apprentices in childcare. The report concluded that the barriers concerning the recruitment of males for that occupation were the low pay and attitudes of end users regarding the suitability of males in such roles (BBC News, 2005). 2.2 Gender Segregation Gender segregation represents a real issue that is neither subtle nor hidden, yet defies the concept of discrimination in that it prevents females from assuming careers that tend to fall outside of what is either considered feminine or represent male dominated areas whereby their attempt at entry will be greeted with barriers. The conception that there are traditional roles for men and women is countermanded byte fact that fully one-third of Finnish and American entrepreneurs are women, as just one singular example (International Labour Office,2004). The concept of segregation in the workplace has many differing forms and varieties, but it is what it is, segregation. And that fosters the climate that continues the attitudinal as well as prejudicial underpinnings that contribute to the view of woman’s careers as being predisposed to a certain limited sphere as well as inequality. Pascale differences, the conception that certain careers are better suited to women, the disproportionate skew of males in managerial positions as well as the predominate concentrations of females in certain professions and industries reinforce this environment to the detriment of all. Chapter 3 Attitudes Toward Women at Work As pointed out in Chapter 3 – Segregation in the Workplace, certain predefined ideas and conceptions provide the basis that fosters and continues the notion that varied occupations are better suited to women or men. This thinking helps to create an attitudinal atmosphere that reinforces itself in spite of there being proof to the contrary. Evening what we like to think of as our modern and progressive societies of the new millennium, much of the same limited and outdated thinking that existed prior to the 1940’s is still with us, and in spite of all of the legislation, feminist movements and understanding of equal rights, progress in terms of changing or evolving people’s minds has been slowing coming. The aforementioned ‘glass ceiling’ atmosphere is a pervasive climate that permeates throughout the work environment. Its visual manifestations in terms of the male dominated professions and management positions are consistent reminders of the way things are, as well as the way things were. Thus, an examination of attitudes concerning women at work is linked to segregation in the workplace as well as other concepts as they are inexorably tied to one another. The most disturbing examples of attitudes with regard to women at work arise discrimination and sexual harassment, both outgrowths of segregation in the workplace. 3.1 Looking Under the Surface Oddly, the Allies would most likely not have won World War I without women. Not because they were nurses, functioned as telephone operators or were basically secretaries to generals and prime ministers, but because they welded tanks, made munitions, drove tractor-trailers, operated heavy machinery and performed all manner of traditionally male jobs (Wikipedia, 2005). With such a breakthrough in thinking as well as demonstration of female aptitude one would wonders to why the questions of discrimination, work place segregation and unequal pay scales are still with us, yet they are. Once again, the roots of such odd thinking can be traced back to patriarchy, which comes from ancient Greece whereby patria Thus the ramifications of continued second class citizenship with regard to participation in the work force must be explained by ingrained societal foundations, and this is the rationale for the examination of the word patriarchy. Given its foundation of ruler, archer, the platform for at least a partial explanation of the struggle women still face in the workplace seems to have a basis. The foregoing when combined with the ‘glass ceiling’ effect and unequal wage scales brings forth the fact that there is de facto sex discrimination, and these practices create the view that sees women as secondary, or less important workers and individuals. Article 20 of the European Charter of Fundamental Rights, which was enacted in 2000, states that everyone is equal in terms of the law and Article 21 of that legislation states(Silver, 2003): â€Å"Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited† The European Charter of Fundamental Rights goes on to add in Article23 that it is understood that it recognizes equality between men and women as being (Silver, 2003): â€Å"†¦ in all areas, including employment, work and pay, without preventing measures providing for specific advantages in favour of thunder-represented sex† The language as well as intent leaves no room for misinterpretation with regard to the stance of the European Union and thus the obligations of all member nations. The problem with the foregoing is that it had to be legislated rather than being a part of the social fabric. And, as it is with all regulations, laws and legislation, penalties form the basis for compliance where common sense and morality do not prevail. Once again, the ingrained thinking of centuries of cultural and traditional foundations of patriarchal societies is at work slowing the process. And while there has been and is progress in terms of the opportunities open to women, these areas pale in comparison to the overall number taken as a whole. The International Labour Organization (2003) found that while women represent forty present (40%) of the labour force, their proportion of managerial positions is fewer than twenty present (20%). Its studies also uncovered that the higher the management position, the less women are represented. The latest figures on top corporate positions found that women constituted just a 2 to 3 present representation (International Labour Organization, 2003, p-5). The preceding, while limited to managerial considerations, is clear indication of the prevailing attitude in the workplace regarding careers involving women. It points to the ‘glass ceiling’ effect and the fact that within the structures as well as processes of society and organizations that there is inherent discrimination that transcends legislation through the application of slow and frustrating practices. The correlation of attitudes in the workplace is best exemplified through what is and has transpired as a result of historical employment patterns. Developed economies such as the United Kingdom and Switzerland report that slightly over ten present (10%) and twelve present (12%), respectively, of executives in these countries were women as of 1999 (International Labour Organization, 2003, p-6). And while there have been increases in the level of managerial positions held by women, the overall percentage increase has been in the range of1 through 3 present. 3.2 Statistical Evidence Statistical evidence has been utilized to illustrate that the workplace attitudes concerning women has been and is slow to change. In the United Kingdom a survey conducted by the Equal Opportunities Commission(2006) indicated that while females have been outperforming males in education and that they statistically outnumber males in institutions of higher learning, they represent just: nine present (9%) of the senior judiciary, ten present (10%) of senior police officers, and thirteen present (13%) of national newspaper editors The overall consensus reached by the survey is that there has been little progress or change since the Equal Opportunity Commission first published its findings in 2004. The lack of any meaningful progress in women achieving managerial positions has been utilized as a bell weather to gauge attitudes and indicates that social, cultural and economic variables, as well as wage scales, that are clear indicators with respect to the fact that the workplace attitudes concerning women still sees them in secondary rather than equal roles. Chapter 4 Legislation Concerning Gender and Employment The European Union passed the Equal Pay Act in 1970, which marked its first legislation on discrimination. Society was different in that period than it is now and in some ways it remains the same. The gender divide is still present and research has shown that there is little difference in a reduction of the wage gap. The fact that the European Union has been diligent in its understanding and approach to the facets of inequality, discrimination in all forms, equal pay, employment equality, sexual harassment, and sex discrimination means that there are other factors inhibiting the objective of attaining improvements in these areas. In order to understand what has transpired in terms of society and legislation, a comparative examination of the 30 year period that represents the enactment of the Equal Pay Act of 1970 and today shall attempt to identify the factors inhibiting progress in the achievement of the aims of legislation designed to eliminate the aforementioned inequities. 4.1 Equal Pay Act of 1970 (Equal Opportunity Commission, 2005) The Act makes it unlawful for employers to discriminate in the workplace between males and females with regard to their rate of payment when they are engaged in the same as well as similar work, work that is rated as being equivalent and or work that is of equal value. The key provision is that the Act refers to comparisons for the preceding between individuals of the opposite sex. When the Act was passed in 1970 the wage gap between males and females stood as thirty-seven present (37%) (Woman and Equality, 2006). By the time the Act became law in 1975 the wage gap had reduced to thirty present(30%), and presently it stands at seventeen present (17%) (Equal Opportunity Commission, 2005). The Act provides both men as well as women to equal payment in terms of the contract for employment and provides for coverage for piecework, quotas, bonuses, sick leave and holidays. Enhancements to the Act under European Law have extended the range of coverage to redundancy payments, concessions for travel, pensions handled by employers and to occupational benefits under pension plans administered by employers. The Equal Pay Act was the first as well as most important piece of legislation in that it immediately addressed the issue of compensation that covered every male and female within the jurisdiction of the European Union. And while being a landmark piece of legislation in terms of seeking to level the playing field for women, the Act also contains provisions that provide employers with a defence concerning pay differences. It states that employers do not have to pay the same wages as well as benefits for equal work if they can effectively prove that the difference on wages is a factor unrelated toe difference in sex. It also provides for the fact that differing geographic locations might serve as grounds, as well as specialized recruitment for particular positions and the requirement or need to retain workers that perform or occupy particular positions. 4.2 Equal Treatment in Employment and Occupation (International Labour Organization, 2006) As referred to as ‘gender equality’ Directive 76/207, which was amended by Directive 2000/78/EC of 27 November 2000 of the European Commission Treaty, it sets forth the foundations and regulations concerning equal treatment in terms of: 1. access to employment 2. self-employment and occupation, 3. working conditions, and 4. vocational training The framework that the Directive set down terms and conditions that identified discrimination on the basis of: religion or belief, and age or sexual orientation, with regard to employment as well as occupation, thus putting into effect in the European Union states principles of equal treatment as long as the preceding does is not as a result of discrimination based upon sex, which is legislated under the Sex Discrimination Act. And while this piece of legislation is not directly linked to considerations based upon sexual orientation, it does represent a broad context that broadens the scope of the European Union’s legislative powers in these areas and as such constitutes a supporting role in the specific mandates that affect women. As covered under Chapter 3 -Attitudes Toward Women at Work, societal, traditions and cultural foundations help to shape individual as well as corporate thinking. As such the attack on prejudice needs to take a direct frontal approach as well as from angles to centralize and focus in on the problem or unequal treatment as a concept, condition and principle. Sex Discrimination Act, as amended, of 1976 (Equal Opportunity Commission, 2002) The Act provides for the fact that individuals must have legal protection with regard to harassment and sexual harassment in employment as well as vocational training. The Act defines harassments: â€Å"†¦ where unwanted conduct related to the sex of a person occurs with the purpose of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment†. (Equal Opportunity Commission, 2002) And in terms of the Act, sexual harassment is defined as: â€Å"†¦ where any form of unwanted verbal, non-verbal or physical conduct of sexual nature occurs†¦Ã¢â‚¬  (Equal Opportunity Commission, 2002) The preceding refers to when the foregoing violates the dignity of an individual when in particular such creates a hostile, degrading, offensive and or humiliating environment. In the United Kingdom the Protection from Harassment Act 1997 is the singular statute dealing specifically with this subject. It makes it a criminal offence for someone to engage in or pursue a course of conduct, this includes speech, which amounts to the harassment of another individual. Under the UK Harassment Act, harassment is defined as: â€Å"†¦ a course of conduct which amounts to harassment of another, and which he knows or ought to have known amounts to the harassment of another† (Equal Opportunity Commission, 2002) The laws of the European Union clearly set forth the conditions, circumstances and legal ramifications of equal pay, sex discrimination, harassment and gender equality in its position to create compliance with modern societal thinking and correctness. The heart of the principle is that a law is: 1. A rule of conduct or procedure established by custom, agreement or authority. 2. a. The body of rules and principles governing affairs†¦ b. The condition of social order and justice created by adherence to such a system †¦ 4. A piece of enacted legislation † (Houghton Mifflin, 2006) The preceding provides the explanation as to why such legislation is needed. And while there is great debate on the subject, the purpose of government is to protect individual rights and to preserve justice(Wikipedia, 2006). And as it is with any societal system, the prevailing view as well as wisdom changes as thinking evolves. The underlying foundations upon which western societies are primarily built upon are patriarchal and religious precepts. As discussed in Chapter 1– Introduction, the rights of women were scant and subject to the subjugation of males under Roman law, the church and ancient as well as medieval laws. Since legislation for Equal Pay was only enacted in 1970in the European Union it seems to indicate that medieval principles were still at work in our modern age and apparently still at work in that equal pay, attitudes toward women at work and enacted legislation has made progress, but still represents a prime topic of discussion thirty years later. Chapter 5 The Differences Between Men and Women The biological and social constructions of men and women are known to have scientific basis with respect to differences. The notion that we are all created equal is a truth of the human experience, but within that equality, men and women differ in many aspects. The question in the context of women and their career roles with respect to a work and life balance is, does that difference equate some type of advantage, disadvantage or no applicable correlation with regard to that context? 5.1 The Perception of Differences A recent scientific discovery indicated that there are 789 different genes that separate men from women (BBC News, 2003), but the study could not detail what they do or the reasons as to what the differences that these genes might hold. And the foregoing represents the point. There are both differences as well as similarities between the sexes that are identified as a result of psychological differen