Sunday, January 26, 2020
Child Refugees
Child Refugees Backdrop Half of the worlds refugees are children but their voices are amongst the least heard. Amidst the debate and conflict around refugees and border protection, the rights of refugee children have been neglected. ââ¬Å"We come to a country we heard has human rights and freedoms. We cant believe whats happening to usâ⬠¦.We havent any human rights. We are just like animals. We do not have a normal life like a human. Our feeling is dead. Our thinking is dead. We are very sad about everything. We cant smile.â⬠(Ibrahim Ishreti-refugee living on a bridging visa) Australia is a signatory to the 1951 Refugee Convention and its 1967 Protocol and has a proud tradition of sheltering refugees but the current mandatory detention (an essential component) for on-shore arrivals including the children of asylum seekers and unaccompanied minors has enormously damaged its international reputation. Whilst these might be legitimate policy concerns they have led to an approach to asylum seekers that has caused wide community debate and division in Australia. The writer is a Pakistani origin immigrant in Australia. Pakistan considers a poorest country of the world host over a million Afghan refugees enjoying ample freedoms, however in Australia where the number of unauthorized arrivals has never been much more than 4000 in any one year are placed indefinitely in detention camps with limited access to services, hence the motive for selecting this topic. Key Aspects of the Policy The major policy objectives of mandatory detention have been to have ââ¬Å"orderedâ⬠approach to immigration and to ensure that Australian borders are secure. But little or no consideration has been given to the impact of these polices on the children who are caught up in them. That policy ââ" Denies internationally recognised fundamental human rights to all the children of particular social group;ââ" Locks up, behind razor wire, children who have committed no crime;ââ" And fails to recognises the vulnerability and special needs of these children. The fundamental purpose of childrens rights is to identify children as human beings who because of their vulnerability and special needs require special protection. To address this special status the UN Convention on the Rights of the Child (UNCRC) was developed. The UNCRC to which Australia is a party (1990), decrees that a child seeking refugee status is to receive appropriate protection and humanitarian assistance. Refugee children share certain universal rights with all other people; have additional rights as children and particular rights as refugees. It provides a comprehensive framework to guide the development of policy and practices that relate to children. Irrespective of where people stand on the Australian Governments broad asylum seekers policy it is an undeniable fact that any form of detention applying to children is a breach of their rights. In the terms of UNCRC the imprisonment of these children is either ââ¬Å"cruel and inhuman treatmentâ⬠or at the very least ââ¬Å"harsh treatmentâ⬠. Both of which are unacceptable under the terms of the convention. Detention compounds the effect of previous trauma and exacerbates the grief and loss that these children have already suffered whether they are accompanied or unaccompanied in their flight to Australia. UNCRC The UNCRC articulate that holding children in detention shall be used as a measure of last resort and only for the shortest possible time. But in Australia, detention is the first and only resort and for an indefinite period of time. We are letting these children down by neglecting this provision of the UNCRC. The difficult lives these children have suffered at the hands of their won governments or fellow beings are beyond the comprehension of most Australians. Yet we compound that damage by allowing children to spend their formative years in detention . Keeping children in mandatory detention is denial of their internationally recognised basic human rights. Childrens developmental needs which are a fundamental reality often not considered in relief efforts. In order to grow and develop normally, a child has certain age-specific requirements that must be satisfied. Basic health care, nutrition and education are generally recognised as necessary for the physical and intellectual developmental of children. Beyond these, however, healthy psychosocial development depends in large measure on the nurturing and stimulation that children receive as they grow, and on the opportunities that they have to learn and master new skills. For refugee children, healthy psychosocial development also requires coping effectively with the multiple trauma of loss, uprooting and often more damaging experiences. Hence, tragic long-term consequences may result where childrens developmental needs are not adequately met. Challenges and/or Controversies The Australian public is not generally informed about international obligations towards refugees and the many false perceptions that migrants are a major cause of economic and social problems remain largely unchallenged. In many instances, the government has demonized asylum seekers in emotive language and as a result many people consider that refugees are lairs, criminals, ââ¬Ëforum shoppers, welfare cheats and queue jumpers . The terminology of ââ¬Ëqueue jumper does not exist in international law nor does it exist in other countries. Australia has adopted it simply because it prefers to offer refugee status to a carefully selected number of people from overseas countries and it does not like being forced to consider applications from those it had not already selected. Australia, in comparison with most other western societies, has a small number of children arriving, nevertheless, in relation to the total number of asylum seekers arriving, children remain a significant percentage. Some travel with parents or guardians and other often travel alone (identified as unaccompanied). Regardless of the motive, children have no choice in the decision that has led them to be vulnerable to the notions of a new authority. The overriding principle, contained in Article 3 of UNCRC the Best Interests of the Child: In all actions concerning children, weather undertakenby public or private social welfare institutions, courtsof law, administrative authorities or legislative bodies,the best interest of the child shall be a primary consideration. Various laws in Australia mention the Bets Interest of the Child and propose to support this principle. The law that relates to onshore asylum seekers is not one of these laws. The Migration Amendment Act of 1992 identifies asylum seekers as designated persons. Section 189 states that a designated person must be detained during the processing of their refugee status and Section 192 goes on to identify two options for release obtaining a Temporary Protection Visa or being deported. Under this section everyone is detained until they are either accepted or rejected as refugees, regardless of age or infirmity. This is where politics becomes involved in childrens rights and immigration detention of children where the Act does not make any distinction between the immigration status of adults and children and therefore there is no legal status between adults and their children and no difference in their treatment. This is of course dismisses the idea of the ââ¬Ëbest interests of the ch ild. Childrens needs cannot be met in isolation. They are normally met most effectively within the context of family and community. Moreover a childs welfare is closely linked to the health and security of the primary caregiver. It is therefore, necessary to strengthen the capacities of refugee families to meet their own needs and improve the participation and situation of adult refugees particularly women, thereby contributing significantly to the welfare of their children. Selection of one challenge and its reflection on policy based solution Best Interest In relation to the refugee children whether accompanied or unaccompanied the primary goals of any action or program must be: â⬠¢ To ensure the protection and healthy development of all childrenâ⬠¢ To achieve durable solutions which are appropriate to the immediate and long term developmental needs of children.While there is no one definition of what will be in the best interests of each and every child, a childs ability to enjoy all of his or her rights in a given environment is a good indication of whether the childs best interests are being met. Furthermore, the UNCRC also doesnt explicitly define ââ¬Ëbest interest it is clear that in the case of actions and decisions affecting a child; it is the best interests of that individual child which must be taken into account rather than children generally. The childs best interestsâ⬠¦..must be the subject of active consideration. It needs to be demonstrated that childrens interests have been explored and taken into account as a primary consideration. The ââ¬Ëbest interests principle is reiterated in article 9(1) of the UNCRC states that children should never be separated from their parents against their will except when ââ¬Ënecessary for the best interests of the child. The interaction between the ââ¬Ëbest interests principle, family unity and immigration can be enlightened by referring preamble of the UNCRC providing a reference point by recognizing that: ââ¬Å"[T]he child, for the full and harmonious development ofhis of her personality, should grow up in a family environment,in an atmosphere of happiness, love and understandingâ⬠. In order to support the best interests of the refugee children many of the obligations under the UNCRC are relevant for instance, protection from violence, the highest attainable standards of physical and mental health, special care for children with disabilities, education, keeping confidentiality of their personal information, non-discrimination, recreation and the right to full cultural life (including language) are all factors that create a nurturing environment. Incorporating Children voices into policy debate The idea of childrens participation gained currency due to UNCRC. This legal instrument grants children civil, political, social, economic and cultural rights. Articles 12-15 are interpreted as conferring on children the right to participate in their societies. This includes the right to have their views heard in matters affecting them; the right to freedom of expression, information, religion and conscience; and the right to form associations. The UNCRC marks a change from understanding children as objects of adult interventions designed to meet their developmental needs, towards a construction of children as rights holders with the ability to participate in defining their own requirements for well being . Refugees children being most vulnerable members of Australian society, they should have the right to have their fundamental need for shelter, food, physical and emotional care and education met, and to live freely and securely within a society that values and protects them. It is the responsibility of Government and communities to ensure these needs are met if a childs family/caregiver cannot or will not protect their rights. But due to their protracted legal status refugee children have spoken loud and clear. The welfare of kids in immigration detention is jeopardized because the three agencies supposedly caring for them the federal government, the private correctional firm that runs the detention centres and the state government wont consider childrens interests before their own. Where are the kids in this picture while the adults are fighting with each other over jurisdictional and policy issues? They are unheard and ignored. It proves that these children have worries, distress and concern for their unresolved legal situation and their inability to move towards an integration into the Australian community. Many children describe themselves as happy, good, but detailed their depression and distress that accompanied being in a limbo situation. The non-resolution of their migration or refugee situation was their paramount concern. The current manifestations of distress, while particularly concerning are equalled by the knowledge of the long term impact of ââ¬Ënot belonging; to a community; to a state and to a nation If a child cannot access normal citizenship, then their ability to grow emotionally and integrate themselves into their new country is diminished. These children have the possibility of becoming adults with a sense of frustration and anger that will impact on their lives and will impact on our lives in the Australian community in the forthcoming years. [NOTE: the writer considers the points of this paragraph as specifics impacting her local area of residence surrounded by refugee children] Conclusion Refugee children, just like our won children, need access to education and health care, and have the right to live with their families and be reunited with them when separated. They are entitled to a safe environment, free from fear and intimidation. Why do we recognize this for our won children but deny it for Iraqi, Afghan and Iranian children? We must take them into the community where they can play, learn and grow. At least when our children look back on this time and ask us what we did to stand up for refugee kids, we can say we gave them their childhood .
Saturday, January 18, 2020
Assimilation of Native Americans Into Society Essay
ââ¬Å"How different would be the sensation of a philosophic mind to reflect that instead of exterminating a part of the human race by our modes of population that we had persevered through all difficulties and at last had imparted our Knowledge of cultivating and the arts, to the Aboriginals of the Country by which the source of future life and happiness had been preserved and extended. But it has been conceived to be impracticable to civilize the Indians of North America ââ¬â This opinion is probably more convenient than just. â⬠(Henry Knox to George Washington 1970ââ¬â¢s) Since the founding of The United States of America, the complication of dealing with the indigenous Native Americans has been prevalent. The opening quotation emphasizes the idea that our fathers grappled over what to do with the Indians since the founding of our country. Post colonial era Native Americans were discriminated against in a battle defined by ââ¬Å"the white man versus the red manâ⬠. As American settlers and institutions expanded westward, the Indians were pushed aside not only by containing them in reservations but were often disregarded as Americans from the ââ¬Å"civilizedâ⬠and educated white American. These prejudices even came from far up the totem pole in Washington. The politics in the 19th century American Government regarding the indigenous people were defined by an era of the ââ¬Å"Americanization of the Native American peopleâ⬠. This analytical research paper will address the issue of Native American assimilation and display how the efforts made by the American Government failed to shed a positive light on the indigenous people. It will also explore the founding of specific schools for Indian children, namely the Carlisle Indian Industrial School for Native Americans. The school was intended to integrate Indian children into western society by educating them and transforming their cultural beliefs. Although founder Richard Henry Pratt had good intentions for the school, it ended up doing more destruction to the Indians than success assimilating them into American society. Before the assimilation of Indians can be fully understood, the history of the segregation of the red man must be established. ââ¬Å"Before the Civil War it had been possible to imagine that Indians and whites could remain permanently separate from on anotherâ⬠The national census of this time was that the minority ethnic groups did not belong in the same category as the ââ¬Å"Americansâ⬠, and that they should remain a separate existence. The general idea was that separation was the easier and ââ¬Å"safeâ⬠way to deal with the ethnic differences rather than entering into a group conflict. Native Americans were easier to separate into cultural groupings, because they were the ones who chose to do so. Blacks, Irish, and Native Americans alike, Hoxie asserts, ââ¬Å"In this compartmentalized society, minority groups welcomed the opportunity to be socially isolated and culturally autonomous. â⬠As the whites expanded westward eventually towards California and Oregon, the separation between the two ethnic groups would no longer be possible. The natives, who once claimed the North American continent as their own, were different from the generality of Americans. They were known as the ââ¬Å"othersâ⬠. Eventually, with the help of the Indian Removal Act of 1830, the Indians were pushed back to the west and there was a line known as the ââ¬Å"Indian frontierâ⬠. This land came with a promise that the white man would not desire this land for generations. But as the nation expanded, the indigenous people were forced onto smaller and smaller reservations, which restricted them economically. They were mostly restricted from food and other resources. Brenda J. Child emphasizes this in her book Boarding School Seasons as she makes claims that the Ojibwe once made a lucrative profit farming rice, but ââ¬Å"were left with a fair amount of swampland after their allotments had been madeâ⬠¦Few Nett Lakers were able to maintain adequate gardens, but traditional subsistence activities, tourism, and off reservation labor maintained the band. â⬠As the struggle to maintain their niche increased, Indians would either have to conform to society, or they would be crushed by it. The early relationship between Indians and whites was defined more like a war than the whites trying to work the Indians into society. Indian territories were often viewed as their own sovereign states rather than occupied American territory. Treaties were often agreed upon in order to separate the red man from the white. ââ¬Å"Humanitarians believed that separation would reduce the level of violence on the frontier and provide Indians with enough time to become civilizedâ⬠However, the civilization of Indians into American society would not happen on its own once the ethnic groups were separated. Political action groups such as the Friends of the Indian were formed. These groups as well as government officials started to change their beliefs into those that the American Indians should be assimilated. Paul Prucha mentions in the introduction of his book that ââ¬Å"government officials and well meaning humanitarians and missionaries had had a hand in the operation and had sought the welfare of the Indians in their attempts to civilize and Christianize them, bringing them into conformity with the patterns of life that marked the white existence. â⬠The goal of these advocates was not only to destroy the Indian and save the American; but more importantly they sought the ideal that assimilated Native Americans would be proof that America was an ââ¬Å"openâ⬠society and that by gratifying the wishes of society they could acquire social equality. Henry L. Dawes was one of the outstanding figures leading the Indian policy reform in the 19th century. Dawes served in the United Government; throughout his career he was a congressman, senator, and eventually chairman of the Senate Committee on Indian Affairs. He was an advocate for the allotment of land to the Indians, and the assimilation of the indigenous people into the non-Indian mainstream. He proposed the Dawes Act of 1887, which encouraged Indians to farm by ââ¬Å"allottingâ⬠the head of house 160 acres of land. The land was private property, and small portions of it could be shared with members of the family. Dawes held strong opinions for the assimilation of Indians into white manââ¬â¢s society, as he proclaimed in a speech to an Indian reform group in 1884, ââ¬Å"it were worth while to consider whether we could not make something out of him, and for the first time in the whole history of our dealings with the Indians, within a few years, we have attempted to make something out of him. â⬠In this speech he argues that the methods of ââ¬Å"waging warâ⬠against the Indian has been failing, and was taking the lives of both the Indian and the white man. Instead he proposes that they be assimilated, and that the Native Americans can be useful in society. He later touches on educating the Native American children, stating, ââ¬Å"Take him as you do other children, and bring him up as you do other children. â⬠Education then becomes a major factor in the assimilating the Native American people. The Idea that targeting the younger generation of the Indian population and shaping them into the mold of an educated white man became prevalent in assimilation techniques. ââ¬Å"Education of the Indians was the ultimate reformâ⬠An increase of immigrants from Europe reflected a growing public support for education. Thus, if the children of the Indian were educated, they would catch on in American society and pave the way for future generations. Richard Henry Pratt was an outstanding figure in the Americanization of Native Americans. As a veteran of the Civil War, Pratt fought both alongside and against Indian warriors. He was a proponent of educating the tribal people in order to ââ¬Å"kill the Indian, save the manâ⬠. He was well aware of the capabilities of the Indian following his tour of duty with them on the battlefield. When the war was over, Pratt insisted that he took a group of Indian prisoners to Fort Marion in Florida and educate them as well as assimilating them into American culture. He had remarkable success as he educated them in English, Christianity, art, and culture. What brought the success was that he found work for the Indians around the predominately white St. Augustine area. ââ¬Å"He interested white benefactors in his cause and persuaded his army superiors to assign him to the work of Indian education, where he could promote and expand the approach to Indian assimilation that he had begun so dramatically at fort Marion. â⬠Prattââ¬â¢s motif was straightforward: he wanted complete integration of the Indians into white society, and all of his actions were submitted towards that goal. His next project, The Carlisle Indian Industrial School, was by far his most famous and also controversial way of implementing Indians into society. His idea was to transform the abandoned Carlisle Military Barracks in Carlisle, Pennsylvania into a boarding school for Native Americans. It wasnââ¬â¢t hard to persuade the government to jump on board with his idea, ââ¬Å"Said that the government was about to adopt a new policy with the Indians; that it believed the Indian youth capable of acquiring the same education and industries as our white youthâ⬠However, it was relatively difficult to persuade chiefs of various tribes to send their children away with Pratt. In his autobiography, Pratt tells a story about going out west to propose his idea to a chief named spotted tail and after his proposal he receives the response, ââ¬Å"We are not going to give any children to learn such waysâ⬠Pratt refutes and claims that if it werenââ¬â¢t for the Indians ignorance and lack of education, the American Government would not be able to take advantage of the tribes if they were educated. The chiefs reconvened and after discussing decided to send their children. In a way, Pratt used slander to get the Indians to give up their children by telling them the kids would come back and contribute. However, Pratt did not want this, as his intentions were to fully integrate the red man into society. The Carlisle Boarding School was founded in 1879. It started with about a hundred Indians and over time expanded to about a thousand. It admitted both boys and girls. Upon arrival, students were required to disrobe from their native clothes and cut their hair. The cloths were shoddy, and Pratt mentions, ââ¬Å"It was the shoddiest of shoddy clothing. â⬠This was the first step towards the transformation to white culture. Although students were provided with an education, daily life was rough for students at Carlisle. Students had to wake early and drill. School schedules were grueling, and the students were often underfed. Sometimes the school seemed like more a labor camp as they were instructed to perform tasks such as ââ¬Å"The authority came, and, directed by the carpenter, the Indian boys dug the holes, set up the post, nailed on the rails and slats, and we soon had a substantial barrier which remained a satisfactory protection during my superintendency. â⬠The school may have taught Indians mechanical and agricultural skills as well as providing an education, but it definitely was not as successful as Pratt Envisioned. There were many successes in the founding of the Carlisle Indian Industrial School, but there were more mishaps. Advocates for boarding schools such as Pratt argued that the separation of Indian children from their families in combination of industrial training would reduce the tribalism in the individual. Brenda J. Child proposes, ââ¬Å"One of the worst ideas about how to best solve the ââ¬Å"Indian problemâ⬠mandated the separation of American Indian families. â⬠Homesickness was extremely common in Indian boarding school students, and often led to the students back lashing against authority, or running away from the school. Sickness and death was also a very serious problem at boarding schools. ââ¬Å"Crowded conditions are the perfect medium for the spread of disease. Small pox, chicken pox, diphtheria, tuberculosis, and the common cold killed many of these children and crowding helped spread the diseases to the rest. â⬠Students with serious sicknesses were often sent home because if they died at the school, their reputation would be devastated. The problems seemed to outweigh the advantages at boarding schools, and these factors contributed to the eventual dismissal of Richard Henry Pratt from the Superintendent position. Because Native Americans have always been distinctly different from the rest of society, efforts to assimilate Indians completely into society have been abandoned. There have still been assimilation efforts in the twentieth century, but the ideals behind them have changed. The effort to ââ¬Å"kill the Indian, save the manâ⬠has been deemed impossible. Indian schools are successful in theory, but there is a reason that they failed and that Prattââ¬â¢s unrealistic dream did not come true. Some argue that the efforts by reformers such as Dawes and Pratt were successful, but the truth is that many failures come with successes. As George Washington states, ââ¬Å"When one side only of a story is heard and often repeated, the human mind becomes impressed with it insensibly. â⬠Bibliography Primary Sources Pratt, Richard H. Battlefield and classroom: four decades with the American Indian, 1867-1904. Oklahoma: University of Oklahoma Press, 2004. Coleman, Michael C. American Indian Children at School, 1850-1930. n. d. Child, Brenda J. Boarding School Seasons: American Indian Families, 1900-1940. Lincoln: University of Nebraska Text, 1998. Hoxie, Frederick E. A Final Promise: The Campaign To Assimilate The Indians, 1880-1920. Cambridge: Cambridge University Press, 1984. Prucha, Francis P. The Great Father: The United States Government and the American Indians. Vol. 2. N. p. : University of Nebraska Text, 1984 Duran, Eduardo, and Bonnie Duran. Native American Postcolonial Psychology. Albany: State University of New York Press, 1995. Prucha, Francis P. Americanizing the American Indians: Writings by the ââ¬Å"Friends of the Indianâ⬠1880-1900. Cambridge, Massachusetts: Harvard University Press, 1973 Lee, John. ââ¬Å"Reports of Indian Schools. Annual Report. Washington, D. C: Office other Commissioner of Indian Affairs. â⬠From Library of Congress, American Indians of the Pacific Northwest. (1886) Leupp, Francis E. ââ¬Å"Report of the Commissioner of Indian Affairs. Annual Report. Washington, D. C: Office of the Commissioner of Indian Affair. â⬠Library of Congress, American Indians of the Pacific Northwest (1908) Dawes, Henry L. ââ¬Å"Solving the Indian Problem. â⬠Fifteenth Annual Report of the Board of Indian Commissioners (1883): 69-70. Morgan, Thomas J. ââ¬Å"Supplemental report on Indian Education. â⬠House Executive Document 1, no. 2 (n. d. ): 93-104. Schultz, Jeffrey D. Encyclopedia of Minorities in American Politics : Volume 2, Hispanic Americans and Native Americans. Westport: Greenwood Press, 2000. Secondary Holm, Tom. Great Confusion in Indian Affairs : Native Americans and Whites in the Progressive Era. Austin, TX: University of Texas Press, 2005. Simonsen, Jane E. Making Home Work : Domesticity and Native American Assimilation in the American West, 1860-1919. Chappel Hill: UNC Press, 2006. authorsden. com . ââ¬Å"WHAT WERE BOARDING SCHOOLS LIKE FOR INDIAN YOUTH?. â⬠Hetzel, Theodore B. ââ¬Å"WE CAN LEARN FROM AMERICAN INDIANS. â⬠Journal of American Indian Education 4, no. 3 (1965) ââ¬Å"The Indian School at Chemawa. â⬠The West Shore 13, no. 1 (1887): 5-12. Davis, Julie. ââ¬Å"American Indian Boarding School Experiences: Recent Studies from Native Perspectives. â⬠OAH Magazine of History Vol. 15, No. 2, 2001, 20-22. Fear-Segal, Jackie. ââ¬Å"Boarding School Seasons: American Indian Families, 1900-1940 by Brenda J. Child. â⬠Journal of American Studies 34, no. 1 (2000): 160-161. Hoerig, Karl A. ââ¬Å"Remembering Our Indian School Days: The Boarding School Experience. â⬠Away from Home: American Indian Boarding School Experiences by Margaret L. Archuleta; Brenda J. Child; K. Tsianina Lomawaima (2002): 642-646.
Thursday, January 9, 2020
Judicial Review - Free Essay Example
Sample details Pages: 5 Words: 1363 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Executive summary: The first paragraph includes the introduction for judicial review briefly that what is this? Why it is used and how? Who can use this law and against what. The second Paragraph includes the procedure apply for bringing the claim Judicial review. That how can we bring the claim and at what situation we can bring it. Donââ¬â¢t waste time! Our writers will create an original "Judicial Review" essay for you Create order The third paragraph is most important factor which has bee discussed that what needed to further reform and what role plays by the applying procedure of judicial review I the further reform or we ca also say that why further reform need this procedure. At the end the conclusion has been made the all over view for the above subjectà ¢Ã¢â ¬Ã¢â ¢s discussing in the assignment. Introduction: Legal audit is the method by which the courts look at the choices of open forms to guarantee that they gesture legitimately and decently. On the provision of a gathering with sufficient investment in the case, the court leads a survey of the procedure by which an open form has arrived at a choice to evaluate if it was legitimately made. The courts power to do this determines from statute, yet the standards of legal survey are dependent upon case law which is constantly developing. (Anon., 2012) Legal audit is a cure of final resort. In spite of the fact that the amount of legal su rvey claims has expanded as of late, it could be troublesome to carry a fruitful case and a court may deny consent to carry a case if an elective cure has not been debilitated. An inquirer may as well along these lines investigate all conceivable choices before requisitioning legal survey. (Nigel Giffin QC, 2010) Judicial review procedures: The inquirer may as well accompany the Pre-Action Protocol for legal survey The point of the Pre-Action Protocol for Judicial Review (Protocol) is to maintain a strategic distance from unnecessary suit. It might just be shed if the: Circumstances of the case are pressing. Open figure does not have the lawful force to change the choice being tested. Shorter time restrains in CPR 54.5(5) or (6) apply. These are that a case identifying with an arranging choice must be indexed inside six weeks and a case testing an acquirement choice must be documented inside 30 days. (Horne, 2006) The Protocol requires the inquirer to send a letter before case to the litigant. The motivation behind this letter is to give the respondent the chance to think about the case and put the matter right as opposed to have its choice or activity judicially evaluated. For an illustration of a letter before case, see Standard archive, Letter before case: legal audit. The respondent may as well react inside any sensible time farthest point specified and authorizations may be forced if no reaction is made. For a sample of a reaction to a letter before case, see Standard record, Response to letter before case: legal audit. (Stein, 2012) Assuming that the inquirer is fulfilled by the respondents reaction, that is the close of the matter. Note that if the case settles at this stage, the court will have no ward over expenses and the petitioner may as well try to manage that expenses that may have been acquired in drafting a pre action convention letter in any settlement understanding. (DOJ, 2012) For portions of the strategy to be accomp anied, a useful aide to the legal survey technique. A case might just be carried with the authorization of the court In the event that the court is fulfilled on the foundation of the paper requisition that there are sensible justification for a legal audit, it gives authorization for the case to move ahead to a substantive listening. Authorization will be allowed if the court acknowledges there is a questionable ground for legal audit. Assuming that authorization to move ahead is in truth, the respondent has no right of request. Victory at this stage might accordingly accelerate arrangements with the respondent and the likelihood of a settlement. (Welsh, 2014) Need for Further reform: Arranging legal audits might be exchanged from the Administrative Court to an expert assembly of the Upper Tribunal Neighborhood powers may be limited in their ability to start legal survey incidents in connection to broadly critical base undertakings. Legitimate help may be withdrawn in connection to statutory tests to those arranging choices in which it is presently accessible, where an unique is at impending danger of losing his or her home. (Justice, 2013) The test for standing may be changed à ¢Ã¢â ¬Ã¢â¬Å" i.e. contracted à ¢Ã¢â ¬Ã¢â¬Å" to avoid legal audit from being looked for by crusade and weight bunches; the administration thinks of it tricky that, at present, inquirers unaffected by a choice may in any case get standing when there is an in number open investment in the case being inspected by a court. (Coles, 2013) The has no effect standard à ¢Ã¢â ¬Ã¢â¬Å" whereby a court might, in its caution, reject a test if a procedural imperfection had no material effect to the result of the choice making procedure à ¢Ã¢â ¬Ã¢â¬Å" may be given more stupendous weight. Two alternatives are peddled: empowering this issue to be circulated at the consent stage (and authorization denied where the has no effect contention is made out), and presentin g another statutory test: instead of the rule being triggered where an indistinguishable result is inexorable, it could be triggered assuming that it were sensibly clear that the procedural defect might or couldnt have had an effect. (Professor Sir Jeffrey Jowell, 2013) The requirement of the Public Sector Equality Duty may be moved into an instrument other than legal audit. A modified proposal concerning lawful support is likewise propelled in the paper. It restores the proposal to pay suppliers just if consent is in truth, however tries to mellow the pass up acquainting a circumspection with pay suppliers in certain cases that finish up before the authorization stage. (Anon., 2013) There is additionally a suggestion that the expenses of an oral authorization listening to might as well generally be recoverable and that it ought to be conceivable for an unsuccessful inquirer to be requested to pay the respondents sensible expenses of shielding the unsuccessful provision. The accessibility of jump speaks to the Supreme Court may be amplified, e.g. allowing such advances against choices of the Special Immigration Appeals Commission and the Upper Tribunal. (Day, 2013) Conclusion: The conclusion shows that the above subjects shows the important structure for the applying procedure for the case in judicial review and how it may apply and what time and what steps it take like time limits, circumstances and conditions. Further in detail it is also describe that how it is important for the further reform the procedures in the court. Bibliography Anon., 2012. An Introduction to Judicial Review. [Online] Available at: https://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf [Accessed 24 january 2014]. Anon., 2013. Proposals for Further Reform. [Online] Available at: https://www.publiclawproject.org.uk/data/resources/143/JR_Proposals_for_further_reform_briefing.pdf [Accessed 24 january 2014]. Coles, T., 2013. Proposals for further reform. [Online] Available at: https://publicregulatoryblog.ffw.com/2013/judicial-review-proposals-for-further-reform [Accessed 24 january 2014]. Day, L., 2013. PROPOSALS FOR FURTHER REFORM. [Online] Available at: https://www.leighday.co.uk/LeighDay/media/LeighDay/documents/Consultation responses/Judicial-Review_-Proposals-for-Further-Reform_October-2013.pdf [Accessed 24 january 2014]. DOJ, 2012. A guide to proceedings. [Online] Available at: https://www.courtsni.gov.uk/en-gb/publications/usefulinformationleaflets/documents/personal-litigant-guide/personal litigants guide.pdf [Accessed 24 january 2014]. Horne, A., 2006. Judicial Review. [Online] Available at: https://www.parliament.uk/documents/commons/lib/research/rp2006/rp06-044.pdf [Accessed 24 january 2014]. Justice, t. L. C. a. S. o. S. f., 2013. Proposals for further reform. [Online] Available at: https://www.official-documents.gov.uk/document/cm87/8703/8703.pdf [Accessed 24 january 2014]. Nigel Giffin QC, 1. K., 2010. NTRODUCTION TO JUDICIAL REVIEW. [Online] Available at: https://www.adminlaw.org.uk/docs/JR 2010 by Giffin.pdf [Accessed 24 january 2014]. Professor Sir Jeffrey Jowell, K. Q., 2013. Proposals for further reform. [Online] Available at: https://www.biicl.org/files/6618_bingham_centre_response_jr-pffr_cm_8703__2013-11-01.pdf [Accessed 24 january 2014]. Stein, R., 2012. judicial review. [Online] Available at: https://www.leighday.co.uk/LeighDay/media/LeighDay/documents/JR-Quicky-and-Easy-Guide.pdf?ext=.pdf [Accessed 24 januay 2014]. Welsh, A. D. a. A., 2014. JUDICIAL REVIEW:. [Online] Available at: https://a4id.org/sites/default/files/user/Judicial Review.pdf [Accessed 24 janaury 2014].
Wednesday, January 1, 2020
Essay on Lorraine Hansberrys A Raisin In The Sun - 951 Words
A Raisin in the Sun A Raisin in the Sun, by Lorraine Hansberry, illustrates the timeless struggle for the furtherance of family values and morals with extreme clarity. The play follows the life of a small black familyââ¬â¢s struggle to keep their dreams from tenants to owners alive. These dreams, and the struggles necessary to reach them, as well as coming to terms with the dreams that are out of reach, are the focus and driving force behind this story of every persons struggle to achieve goals that are not always in tune with societies thoughts or ideas on a persons place in life. The internal difficulties of the family, and the detrimental effects of these problems, are major themes in the play. In the opening scene; a husband, Walter,â⬠¦show more contentâ⬠¦Later in the morning Beneatha, the younger sister of Walter, starts yet another internal conflict by speaking in an unacceptable manner about God, at which point her mother slaps her because of her insolence to values that have been taught to her since childhood. This event shows yet another time in which a family member threatens to ruin the stability of the family structure by trying to build in a manner which is completely incompatible with the rest of the bonds. Beneatha, although believing to b e bettering herself, is leaving an important part of herself and her heritage behind. Beneathaââ¬â¢s speech about God is her attempt to show her independence and uniqueness in the world, but when she asserts her self in an area that is extremely sensitive to the family heritage and structure, she threatens to wean herself from the only guaranteed support group in life, the family. Once again, as with Walter, Benetha realizes later in the story that it is the furtherance of long-standing family values and morals which give the foundation upon which to build a wonderfulShow MoreRelatedLorraine Hansberrys A Raisin in the Sun1260 Words à |à 6 Pagesoblivious to this fact, and to those who are aware and accept this knowledge. The people who are oblivious represent those who are ignorant of the fact that their dream will be deferred. This denial is the core of the concept used in A Raisin in the Sun by Lorraine Hansberry. The perception of the American Dream is one that is highly su bjective, but every individual dream ends in its own deferment. During the 1960s, the African-American people were in racial situations due to their ââ¬Å"lowered statusâ⬠Read MoreLorraine Hansberrys A Raisin In The Sun1850 Words à |à 8 PagesIn Lorraine Hansberryââ¬â¢s ââ¬Å"A Raisin in the Sunâ⬠(1959), she reveals the life of the Youngers family. In doing so, there surfaces a detrimental ideology that destroys the family financially and in their overall happiness. In Act II Scene I, Walter, the father figure of the family, says, ââ¬Å"Why? You want to know why? Cause we all tied up in a race of people that don t know how to do nothing but moan, pray and have babies!â⬠(Hansberry 532). By way of explanation, the family and much of the African-AmericanRead MorePride in Lorraine Hansberryââ¬â¢s A Raisin in the Sun611 Words à |à 2 Pages Pride Numerous meanings thrive throughout Lorraine Hansberryââ¬â¢s A Raisin in the Sun. One of the most prominent essential values shared is pride. The Younger family having little financial worth to their name holds pride as a means of dignity. Pride is depicted in almost every aspect of the novel, particularly represented through intricate self-respected morals, dreams, and struggle. Every character relays pride in their unique way. Mama and Walter are the most diverse to analyze in terms of layeredRead MoreAnalysis Of Lorraine Hansberrys A Raisin In The Sun1092 Words à |à 5 PagesLorraine Hansberry was an African-American female playwright born in Chicago in 1930. Hansberryââ¬â¢s play, A Raisin in the Sun, has won awards such as the New York Drama Criticsââ¬â¢ Circle Award for Best Play and is loosely based on events involving her own family. This play portrays a poor African-American family of five known as the Younger Family, living on the South side of Chicago in a run-down one-bedroom apartment, Its furnishings are typical and undistinguished and their primary feature now isRead More Lorraine Hansberrys A Raisin In The Sun Essay552 Words à |à 3 Pages But not everyone will achieve their dreams and some, because of sad circumstances lose their grip on their dream and fall into a state of disappointment. Langston Hughes poem relates to the dreams of Mama, Ruth, and Walter in Lorraine Hansberryââ¬â¢s play A Raisin in the Sun. nbsp;nbsp;nbsp;nbsp;nbsp;Ruth has to listen to Walterââ¬â¢s extravagant dreams of being rich and powerful all the time and know that these dreams will never happen. They are very poor and Travis must sleep on the couch becauseRead MoreLorraine Hansberrys A Raisin in the Sun735 Words à |à 3 PagesThe play ââ¬Å" A Raisin in the Sunâ⬠by Lorraine Hansberry shows three generation of women under the same roof and the struggle each women face, the dreams that they had and how they overcome the obstacle in their life to move on to something better. The women in the family has had to sacrifice a lot to make the family either happy or progress further in life. Lena Younger became the head of the household upon the death of her husband. She moved from the south to the north to better herself and her lifeRead MoreEssay on Lorraine Hansberrys A Raisin In The Sun1190 Words à |à 5 Pages Lorraine Hansberryââ¬â¢s novel, A Raisin in the Sun, revolves around a middle-class African-American family, struggling during World War II. By reading about the Youngerââ¬â¢s true to life experiences, one learns many important life lessons. One of the aforementioned would be that a person should always put familyââ¬â¢s needs before their own. There are many examples of this throughout the novel. Just a few of these would be the example of Ruth and her unborn baby, Walter regaining the respect of his familyRead More Lorraine Hansberrys A Raisin In The Sun Essay3889 Words à |à 16 PagesLorraine Hansberrys A Raisin In The Sun A dream deferred is a dream put off to another time, much like this essay. But unlike dreams sometimes, this essay will get fulfilled and done with. Each character from A Raisin in the Sun had a deferred dream, even little Travis although his dream was not directly stated. à à à à à Their dreams become dried up like a raisin in the sun. Not just dreams are dried up though; Walter Lee and Ruthââ¬â¢s marriage became dried up also. Their marriage was no longerRead MoreLorraine Hansberrys Raisin In The Sun1883 Words à |à 8 PagesOver 5 decades ago Lorraine Hansberry wrote a play, Raisin in the Sun, about a family living in Chicagoà during the Civil Rights Era.à The play illustrates a realistic portrait of African-American life during the late 50ââ¬â¢s early 60ââ¬â¢s.à The family comes into some money as a result of the Patriarch of the family passing away.à This insurance check presents an opportunity for each member of the family to realize their dreams in order to escape the ghetto.à However, each family member/character dealsRead MoreEssay Lorraine Hansberrys A Raisin In The Sun2551 Words à |à 11 PagesRaisin in the Sun In the story ââ¬Å"Raisin in the Sunâ⬠there is basically a group of characters all in one family living in a small apartment with everyday their love dying a little more. The family is black and through the whole play it shows how segregation was played in the 1950s. Ruth Younger is a wife of Walter Younger and a Mother of Travis Younger who is living in a small living assortment and just wants to get away and move on to something bigger and something more independent. Now with her
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