Thursday, October 31, 2019

Reflection - 21st century skills Essay Example | Topics and Well Written Essays - 250 words

Reflection - 21st century skills - Essay Example Students are encouraged to learn by doing, which increases their global skills highly needed in the 21st century. The portal also focuses on leadership, and collaboration between teachers and students. However, teachers seem to be focusing more on the digital recording of the grades rather than on the core content of the subjects. The portal system is not appropriate for early year students, since they cannot use the digital technology properly. The teachers of early year students still need to come face-to-face with the parents to communicate effectively. Also, the system seems to be discouraging the traditional way of teaching subjects. Students will slowly forget the conventional classroom environment. Hence, besides promoting global skills, the core content also needs to be focused upon. Students must also learn how to communicate in person while being good at

Tuesday, October 29, 2019

This novel is peopled with a landscape of loners and outcasts Essay

This novel is peopled with a landscape of loners and outcasts - Essay Example two great novels, which are â€Å"The Grapes of Wrath† which had rightfully earned him a Pulitzer Prize and also eventually, the Nobel Prize for Literature while the â€Å"Of Mice and Men† is a much shorter work but equally a realistic portrait of the travails of poor, working men who often had to travel to faraway places in search of meaningful work. In the absence of that, these migrant workers were forced to accept any jobs they can find at any wage that can offer a chance of keeping body and soul together. This novella is peopled with a landscape of loners and outcasts; people who are essentially rejects of society, in a sense, but somehow have to struggle on and exerted their best efforts to attain their dreams. â€Å"Of Mice and Men† was set in the context of the Great Depression during which a lot of people were thrown out of work compounded by the problems of itinerant migrants who in desperate situations have to somehow find a job. These workers transfer from one ranch or a farm to another ranch or farm doing menial tasks but despite doing backbreaking farm labor, a few of the characters in the novella found it appropriate to dream of finally owning a farm. A poor worker, like an itinerant farm hand, can still attain his dream if he works hard enough and strives to attain his dream, which may seem at first impossible to most people or even impractical to some people. It is the right of anybody to have a dream and the dream was what binds the two protagonists in the novella. George Milton is a quick-witted worker while Lennie Small is mentally retarded but the two of them surprisingly found good fellowship in each other. George has a good understanding of Lennie and took care of him in a way, out of pity for this mental impairment although ironically, Lennie Small is a big man physically. Most of the characters in the story are loners because they are migrant workers who out of necessity do not have roots in one place but move from one farm to another

Sunday, October 27, 2019

Needle Stick Injuries Among The Nursing Student Population Nursing Essay

Needle Stick Injuries Among The Nursing Student Population Nursing Essay The purpose of this literature review research proposal is to estimate the efficacy of AOP, and close supervision which is provided by nursing schools and hospitals on the Needle Sticks Injuries [NSIs] prevention among the nursing student population. Research has shown that the educational programme for prevention of NSIs is crucial for the healthcare workers but it is rarely conducted and evaluated among vocational school nursing students. Bearing in mind the previous points, the review will be complemented by using methodology of a wide-ranging review of the related literature. That is to say, the effective appliance of the educational programme and close supervision might lead to prevent the NSIs among the nursing student population. Objectives: To review critically and analyse literature on the effect of close supervision and academic orientation programme that are provided by schools and hospitals on the needle stick injuries among the nursing student population. To evaluate the needlestick injuries among nursing students. Factors related to exposure, departments in which they work and high risk procedures causing most of these injuries. To develop recommendations for practice based on the findings of this proposal review. Framework for Proposal: Punchs (2006) framework for developing research proposal was used as a structure for this proposal. Besides, punch stated that the proposal is a central and essential component to performing any research. Introduction: In recent years, there has been an increasing interest in strategies which might reduce the risk of exposure to blood-borne pathogens, including hepatitis B vaccination, clinical training, educational programmes, universal precautions and, most recently, needle-protective devices as stated by the Centers for Disease Control and Prevention [CDC] (2011). According to World Health Organisation [WHO] (2006), needle sticks injuries play a crucial role of blood born serious pathogens transmission among Healthcare Workers (HCWs). One single accident could is sufficient to produce a serious infection as stated by the CDC (2003). Furthermore, the main hazards of sharp injuries are viruses such as Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human immunodeficiency virus (HIV) (Yao et al., 2012). Remembered that, the first case of HIV transmission from patient to an HCW was reported in 1986 (Stricof Morse, 1986, cited in Petrucci et al., 2009). According to RCN (2012) sharps injuries are preventable and learning following incidents should be put in place to avoid repeating accidents. Further analysis showed that, the majority of these, such as exposures sustained whilst handling needles or clearing clinical waste are preventable with adherence to procedures for the safe handling of sharps and the disposal of clinical waste (HPA, 2008). Yao et al (2010) reported that there are insufficient clinical experience and occupational safety training provided by nursing schools and hospitals, hence nursing students are at high-risk of needle stick injuries. However there are other studies shows that a combination of education, introducing a universal precautions to different hospital departments, especially emphasizing on the importance of needle recapping prohibition, and the use of sharp containers disposal containers have reduced NSIs by 80 % (Wilburn et al., 2004). Another important finding report that the common clinical areas in which NSIs and sharps injuries occur include surgical departments and medical settings (Yao et al., 2010). Research has shown that, the majority of NSIs (40%) occurs in the medical wards, intensive care units and operating rooms (Petrucci et al., 2009). In addition, the needlestick injuries were most commonly reported as occurring on wards and in patients rooms (Talas et al., 2009). It is clear from the above that, when injuries stratified by departments, the highest rate of needle stick injuries was seen in the surgery department. It might be said that the occurrence of needle stick injuries is significantly related to clinical practice behaviours. Limited work experience with handling NSIs and insufficient awareness of occupational safety measures are reported in Chinese nursing students (Yao et al., 2010). That is to say, the probability of accidental exposure is reduced significantly with the increase of clinical skills during the clinical training period and the effective presence of tutors in clinical training education as stated by Petrucci (2009). Aslam et al (2010) stated that recapping the needle after use has been considered as the most frequent factors responsible for NSIs among health care workers. It must also be noted that, 42.5% of NSIs occurred when nursing students was working alone (Petrucci et al., 2009). A possible explanation for this is suggested by Talas et al (2009), that inadequate supervision in clinical practice areas causing NSIs. It has been found that the NSIs as high as 100,000 per year between 1997 and 2007 (Godfrey, 2001 cited in RCN, 2012). However, there were just fewer than 4,000 significant occupational exposure incidents reported to the Health Protection Agency (HPA, 2008). Nurses account for the highest percentage of percutaneous injuries (CDC, 2004, cited in Petrucci et al., 2009). According to NHS (2011) at least four UK healthcare workers are known to have died following occupationally-acquired HIV infection. This project will investigate the available literature with the aim of summarising, and evaluating current knowledge according to Machi and Mcevoy (2012). Incidentally, to explore the question with reference to different sample groups who are geographically spread. In general what this means, the study will have an international focus to help meet the diversity consideration. Current/Preliminary literature review: To recognise how this study fits with the existing body of knowledge on the subject, a literature search was carried out using a number of databases including PubMed were searched. In addition, CDC website was hand searched as it is a key website related to the evaluation topic. Although most of NSIs research focused on HCWs students, nursing students in hospital clinical practice are also at high risk of exposure. Also, most of investigation that examined NSIs in students populations generally studied medical and dental students rather that nursing students (Aslam et al., 2010; Zafar et al., 2009; Valls et al., 2007 and Sharma et al., 2010). As a result, the information related to nursing students NSIs is relatively lacking worldwide. However, plentiful studies have been carried out in recent years all aimed at understanding the factors which are related the needlestick injuries among nursing students in order to produce an effective preventable measure which should be implemented early in nursing students education (Talas et al., 2009; Yang et al., 2007; Yao et al., 2010; Hambridge et al., 2011; Yao et al., 2012 and Petrucci et al., 2009). Consequently, the most crucial point made so far is how are the Academic Orientation Programme (AOP), and close supervision of needle stick injury prevention among the nursing student population? Methodology: According to Aveyard (2010) a literature review is a comprehensive study and interpretation of current literature in relation to an exact topic. It involves the identification of a research question and aims to answer said question via searching and analysing relevant literature in a systematic approach. Aveyard (2010) also argues that a literature has even more validity if reviewed in relation to other literature available on the same topic. The researcher deems the use of a literature review for the purpose of this study appropriately as the study aims to examine various current literatures, interpret and summarize them, infer new ideas and present gotten ideas in a methodical and well-established manner. In order to address the research question how effective are the Academic Orientation Programme (AOP), and close supervision of needle stick injuries prevention among the nursing student population?. This study review will be from both qualitative and quantitative traditions. The reason for selecting a qualitative approach was that it was felt that more detailed explanation by nursing students would provide more depth to the investigation. This investigation was based on secondary research due to the fact that a rich body of data already existed and further analysis could offer insight. On the other hand, using of quantitative tradition could highlight some statistical analysis. A number of research studies have been undertaken to discuss the needlestick injuries among the nursing student population. Yao et al., (2012) reported that the appliance of safety training and educational programmes consider a need for nursing students before they start clinical practice. Research has shown that, the adequate presence of tutors in the clinical training education and simulation laboratories for nursing practice that could enable nursing students to gain a remarkable experience by doing procedures and then observing their impact without compromising the health and safety of human patients (Petrucci et al., 2009). However, few studies have included nursing students; some studies survey the attitude of nursing students towards needle sticks and sharp injuries in different workplace. Data into the reasons why nursing students are vulnerable to needle stick injuries was collected from three main sources. Sources were found via an electronic database and were articles whic h focused on different primary studies undertaken in 2010, 2009 and 2008. The first stage of the investigation involved analysing the three sources and comparing them to see if there were clear themes common to all three. Methods: According to Punch (2006) the method section is the specific data collection and analysis procedure that defines how the data will be collected and processed to answer the research question. This refers to that the proposal should demonstrate an internal validity. Here, this means that the chosen methods should match the written question (Punch, 2006). Furthermore, a review must be carried out, systematically, thoroughly and comprehensively to enable the production of valid results which in turn relates to conclusions (Aveyard, 2010). Method section is significant to evade collection of data unrelated to the study as stated by Hart (1998). To ensure this, a systemic search strategy would be developed involving the use of electronic searches, hand searches and reference list searches as suggested by Aveyard (2010). Sample and data collection method: According to Aveyard (2010) using of inclusion and exclusion criteria will frame and narrowing of literature and certain significance of data to the study. In addition the using of inclusion and exclusion criteria enable the researcher to demonstrate the scope of detail of the review that would not demonstrated in the review question itself (Aveyard, 2010). Unpublished Example of inclusion criteria: Primary research relating to needlestick injuries among the nursing student population. Literature focused on the needlestick injuries among nursing students during their clinical practice in hospitals. English language literature only. Published literature only. 2007 onwards. Example of exclusion criteria: Literature discussed the needlestick injuries among health care workers or medical, dentist students only rather than nursing students. None ethically approved and conducted studies, to ensure validity of the study. The PICO framework, as set out below, was used to define the search strategy: Population Nursing students from different area of practice. Intervention Academic Orientation Programmes and close supervision which provided by nursing schools and hospitals. Comparison Nursing students have been received or have not been received effective academic orientation programme and close supervision, and their perception toward needle sticks injuries preventive methods. Outcome Prevention or avoiding the NSIs by insuring that nursing students have received the necessary preventive measures without fail. For effective data collection method, the identification of key terms and using a Boolean logical operators such as (OR, NOT and AND), Wildcards (?) And Truncations (*) are essential for obtaining the maximum number of relevant data on the research topic (MACHI and McEVOY 2012). The restriction was put on the year of publication, studies have been done after 2007 and only English language articles were included. Appendix 1 and 2 in the appendices gives an illustration of search terms using BOOLEEN operators, wildcards and truncations to connect the keywords. Access to data/sample: According to Aveyard (2010) the using of academic search engines could be more specific than a general search engine electronic searching, they allow the researcher to do advance searching using different combination of words and have direct access to academic journals and e-books. In addition, To effectively carry out this study, data collection will be from different sources. Data will be accessed mainly via the Oxford Brookes University available databases. These databases are; PUBMED: An extensive medical, biomedical and nursing database. CINAHL (Cumulative Index to Nursing and Allied Health literature) MEDLINE (Connecting through Ebsco, Web of knowledge or PubMed) In addition, academic literature references throughout Google Scholar, E-journals and books from the university library as well as the John Radcliffe hospital library would be searched for the purpose of this study. This is to ensure a level of credibility in the data being used for the study. Data analysis method: This stage involves the critical appraisal and analysis of the data has been collected. One set of tools has been produced by the Critical Appraisal Skills Programme (CASP, 2011). Also, CASP has published critical appraisal tools for review articles, quantitative studies, RCTs, cohort and case control studies (Aveyard, 2010). The benefit of using a critical appraisal tool rather than using an unstructured approach in relation to the research question deems the use of a CASP tool appropriate. This is due to the fact that all of the appraisal tools listed, the CASP tool is the most diverse. According to the University of South Australia division of Health Sciences (2011) it could be used in critically analysing different kinds of studies (RCT, Case Control Study, Systemic Review, and Qualitative Study). Furthermore, it provides a checklist for the researcher in relation to the type of study being conducted which enables checking for biases and confounding variables so that it has no ef fect on the analysed result (,). The CASP tool for systematic reviews would thus be utilised in the critical analysis of data for the study. According to Aveyard (2010) to determine the relevance of each selected paper, researcher could use 3 fundamental questions: Is this literature relevant to my review? Have I identified literature at the top of my hierarchy of evidence? Is this literature of high enough quality to include in my review? Whilst this helps the novice researcher the data will require testing with a validated critical appraisal tool. This will be the Critical Appraisal Skill Programme tools (CASP) a recognised framework for critical assessment, developed by the Public Health Research Unit at Oxford University. This department is now under the direction of Solutions for Public Health (SPH, 2011). To advance credibility to my research I will explore the concept of triangulation (Holtzhausen, 2001) in my analysis. Furthermore, by following triangulation as a multi-method research approach, the literature review sits well with the triangulation concept of using more than one method or source of data to study social phenomena. This idea supports the process of cross checking findings that is derived from both qualitative and quantitative research and exploring any comparisons that appear adding rigour to the findings. According to Aveyard (2010) looking for similarities and disparity is important in the synthesis of the research. Also, comparing and contrasting outcomes that encompass negative and positive results will be discussed to illustrate the depth and variety of data reviewed. Ethical issues: Given that the proposed methodology for this research is a literature review, ethical approval is not a prerequisite as stated by Aveyard (2010). According to Houghton et al (2010) the ethical issues are present in any kind of research; have to be considered when undertaking qualitative research. This is due to the fact that literature reviews are grounded solely on critically analysing and estimating primary research carried out by other researchers, hence there is no direct contact between the researcher and participants. In addition there are no primary data to be collected. Though, it is significant to recognise the mechanisms for granting such approvals as the outcome may lead to further research. As a reviewer of research and a qualified nurse I am accountable to ensure that any research reviewed had been handled ethically. Guiding ethical principles to consider in health care are; Non-malfeasance, Beneficence, respect for autonomy, informed consent, honesty and integrity, and the need to maintain confidentiality and anonymity. Awareness of all others research I am responsible for portraying other work fairly and objectively whilst acknowledgment by referencing, all materials discussed. Rigour: According to Vickers (1995) literature reviews should be subject to the same standards of scientific rigour as primary research. In other words, the process of extracting information from the published scientific data should it be scientific. In addition, Vikers (1995) further explains that two major characteristics of a well conducted study are transparency; meaning that the reasons for any conclusions written by the researcher are made explicit, and replicability; which implies that the research if carried out by the reader produces the same results. Therefore, in carrying out this study the researcher will ensure transparency and replicability by ensuring the collection, appraisal and analysis of data as well as representation of findings are comprehensive, thorough and systematic. Limitations: Resources will be limited with no financial support. Additional finance might have enabled you to employ the assistance of other researchers who would have aided you in the search, critique and bringing together of the literature (Aveyard, 2010). Seeking out grey literature will be time consuming. In contrast, Aveyard (2010) stated that the using of only published data could bias the result of the review. However, the amount of data available could be overwhelming for the novice and must be planned with care to avoid this happening. Punch (2006) stated that the delimitation means defining the limits of our drawing the boundaries around a study, and showing clearly what is and is not included. This is sometimes useful in avoiding misunderstanding by the reader. As a novice researcher the approach to the identification, critique and bringing together of the literature may not have been as thorough as that of a more experienced researcher (Aveyard, 2010). In any research, limitations should be expected. Thus, it is essential for a researcher to acknowledge anticipated limitations of a study (Punch, 2006). Some of the potential limitations of this study include; Inability to access data: As some databases are only accessible by members of a particular group or association. This may result in finding a limited amount of data that suit the purpose of the study which could in turn lead to bias. The researcher will endeavour to avoid this by going an extra length to access such databases including signing up to such groups or associations where possible. The inexperience of the researcher: This may result in discrepancies in the collection and critical analysis of data. The project time scale: This study is set to take place within a 12 month period and this may serve as a constraint. Project Timescale: This table outlines the project management plan (Time frame). Its anticipated that the study will take over 12 months, table below show how I will carry out the project over the coming months. Months Activity 1 2 3 4 5 6 7 8 9 10 11 Literature search Writing Proposal Data Analysis Result Summary Writing Dissertation Submitting Dissertation Recommendations for practice: As a result of the present study, the following are recommended: Design more intensive education program directed at all nursing student populations to increase their awareness of and compliance with universal precautions and in instituting polices. Ensure that all nursing students are fully immunised against hepatitis B before they begin clinical practice. Eliminate unnecessary needles from the hospital environment wherever possible and replace with safer products through implementation of industrial research for the development of new technologies that could improve working conditions and reduce the risk of occupational diseases in health care settings. Activate the tutors role in providing a high quality of monitoring and presence during clinical training education. Dissemination: The purpose of this study is to identify the effectiveness of the Academic Orientation Programme (AOP), and close supervision on needle stick injuries prevention among the nursing student population. Dissemination of the results is what makes the project valuable, dependent on the findings it is anticipated that the outcomes will support improvements in practice. As the outcome is intended as a resource for my department it is anticipated that the dissertation be communicated as a presentation. Therefore, for the findings of this study to have an effective impact, widespread distribution is important. The researcher proposes dissemination would be done via peer reviewed journals, seminar presentation to colleagues and members of staff of the Oxford Brookes University and via the internet for further education of the general public. Also, copies would be made available in the Oxford Brookes University library for students and other prospective researchers.

Friday, October 25, 2019

Comparing and Contrasting the Novel and Movie Version of The Scarlet Le

The Novel vs. Film of The Scarlet Letter Films of this era are criticized for substituting violence and special effects for "substance". Many believe that creating a movie script is a juvenile form of writing, a shrub to the oak of a novel. Upon reading both the novel The Scarlet Letter by Nathaniel Hawthorne and viewing the film produced by Roland Joffe, one notices the tremendous effort put into both. This essay will explore the many differences and similarities between the book and movie. The film is "freely adapted" from the novel. The word "free" describing the adaptation is well used- there are major differences in terms of time frame, characters, visual imagery and symbolism, plot, narration, and tone. Nearly an hour of information the reader received only as background was on tape. The film began when Hester arrived in the New World, not at the dreary prison door she passed through on her way to the scaffold in the novel. Many characters were added to the film, several of whom were central to the plot. Mituba, Hester's mute slave girl, Brewster, the lewd, undisciplined rule-breaker, Goody Gotwick, the mouthpiece of the community's "pious women," and Minister Cheever, the powerful church leader who attempted to serve as arbiter of the community's morals did not exist in the novel. Mistress Hibbins' relationship to Governor Bellingham was of a citizen to ruler nature. In the book, their relationship prevented her persecution, whereas in the movie, no family ties pr otected mistress Hibbins from the cruel witch trials characteristic of the 1600's. Her character progressed from minor in the book to a supporting role in the movie. She served as the only character besides Hester who behaved according to... ...and Dimmesdale move to the Carolinas to begin a new life, while in Hawthorne's novel, Pearl lives a full life, her mother working for the community and her father dying on the scaffold. There is no set answer as to which ending is "better," one may be more fulfilling, another may be more informative, another could touch a child, the other, a parent. One may favor the film over the novel or vice versa, but that person could not overlook the great care that went into the making of both. Using the novel as a base from which to work, the filmmaker created his own masterpiece, changing and adding elements as he felt necessary. Whether for increased popularity or his own personal satisfaction, the filmmaker's version also kept some themes and characters. The film and novel have their similarities and differences, but both effectively communicate their meaning to the public.

Thursday, October 24, 2019

Jane’s Asylum Memorandum and Elian Gonzalez Case Brief Essay

Question Presented Under the Immigration and Naturalization Service requirements for filing a petition for asylum in the U.S., can a relative submit an application on behalf of a minor? Short Answer No. Minors can submit a petition for asylum in the United States, because the Supreme Court feels that application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum. A third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court. Statement of Facts Jane is 14 years old. She has Canadian citizenship and has no dual citizenship with any other country. Her father is a Canadian citizen and her mother is an American citizen. Her parents have been divorced for six years. Her father, John, has primary guardianship in Quebec. During the school breaks and holiday vacations, she lives with her mother, Anne, in New York. John is a high-level government minister, working on creating an independent French Canadian State. Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce. Six months ago, Jane was living in New York during a school break. During the break, Jane telephoned her father asking to be allowed to return to Quebec. John advised her to stay the remainder of the break and try to get along with her mother. Two days later, at 6:00pm, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her uncle, Billy, in California. He is 21 years old. Jane’s message stated that she hated both of her parents and believed that neither of them cared about her at all. Her father received a similar message. Anne died on the way to the airport to catch up with Jane. Jane refuses to return to Canada. Billy wants to file an asylum petition with U.S. Citizenship and Immigration Services on Jane’s behalf since she is a minor. He claims that Jane is afraid to return to Canada due to propaganda issues. Jane claims that other rebellious children and adults who disagree with the goals of the government have been used for propaganda purposes Application The issue of asylum is not always easy and special notes are particularly made for asylum when it seekers involve minors. The United Nations General Assembly recognized and accepted international instruments and documents that contain provisions specifically relating to children. They recognize and promote the principle that children’s rights are human rights, and that children’s rights are universal. See, Universal Declaration of Human Rights, (1948)(e.g., Article 14 provides for the right to apply for asylum, Article 25(2) refers to the special care and assistance required for children). Pursuant to 8 U.S.C 12  §1158 (2004), any foreigner physically in the United States, irrespective of such alien’s status, may apply for asylum. The Secretary of Homeland Security or the Attorney General may grant asylum to any who have filed for asylum and has completed the requirements and followed the required procedures, Id.  § 1158(b) (1) (a). The next part of the issue is who can file for the minor. Jane would be classified as either a minor principal or an unaccompanied minor according to U.S. Citizenship and Immigration Services. The difference between the two is a minor principal is a person under the age of 18 when filing for asylum by one’s own right, as opposed to as a derivative family member on a parent’s or spouse’s asylum application. An unaccompanied minor principal applicant for asylum who is under 18 years of age and who has no parent or legal guardian in the U.S. who is available to provide care and physical custody. This definition encompasses separated minors, e.g., those who are separated from their parents or guardians, but who are in the informal care and physical custody of other adults, including family members. See, Homeland Security Act 6 U.S.C.  §279 (2002). The latter is better fitting in Jane’s case. Because she is under the age of 18, she left the care of her parent, has no living parent in the United States, and in the physical care of an adult family member. The last part of issue one is the filing an application for asylum be a child. .In Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000), aff’d, the court found that a child with out mental capacity cannot file asylum against the wishes of parent. In Polovchak, the court concluded the minimum age of 12 was the lowest for the age of majority needed to distinguish the child’s asylum interests that different from those of their parents. Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985). Jane has a particular fear of being used, as propaganda, in a province political issue will not affect her age to form a political opinion. Matters pertaining to persecution of political opinions of a minor differing than those of a parent cannot be a rejection due to age. See, Civil v. INS, 140 F.3d 52 (1st Cir 1998); Matter of S-P, Int. Dec. 3287 (BIA 1996)(stating that the Ninth Circuit has recognized imputed political opinion as a ground for satisfying the refugee definition). In 1994, The United Nations High Commissioner for Refugees (UNHCR) stated, that children and adolescents are entitled to special attention because their needs, and their legal and social status, can be significantly different from those of adults, and from each other as well, due to age-related developmental differences†, Conclusion In conclusion, Jane’s uncle, Billy, cannot file for a petition for asylum on Jane’s behalf. Jane can seek and file a petition for asylum in the United States on her own. Since Jane is 14 years old, she has the mental capacity to file for asylum because the courts view mental capacity for petition of children asylum seekers be at the minimum age of 12. In addition, the claim of being used as propaganda tool to further her father’s actions to have the province become an independent from the Canadian government, allows Jane to have different political opinions of her father. Jane’s status would make her an unaccompanied minor. Her applicant status means that she is an applicant for asylum because she is under 18, has no parent or legal guardian in the U.S, has no legal parent living in the U.S., and is in the informal care and physical custody of an adult family member. It is my opinion that she would have successful results in seeking, filing, and receiving asylum in the U.S. CITATION: Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000) FACTS: The parties to this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez became the focus of international attention five months ago, on November 25, 1999, when he was rescued by two Miami anglers who found him floating on an inner tube several miles off Fort Lauderdale. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment for dehydration and hypothermia. Elian’s mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. On January 19, 2000, Lazaro Gonzalez, instituted this action as next friend, or alternatively as interim temporary legal custodian, of Elian Gonzalez, a six-year-old child, against the Attorney General, the Commissioner of the Immigration and Naturalization Service (â€Å"INS†), and other federal defendants. The complaint challenged the INS’s refusal to accept and adjudicate two asylum applications that Lazaro submitted with respect to Elian and an essentially identical application that bore Elian’s signature. On January 27, 2000, the government filed a motion to dismiss or, in the alternative, for summary judgment. The district court heard oral argument on the government’s motion on March 9, 2000. On March 21, 2000, the district court granted the government’s motion to dismiss or for summary judgment and dismissed the case. Plaintiff appealed. On April 19, 2000, this Court issued an injunction pending appeal, barring Elian’s removal from the United States during the pendency of this appeal ISSUE: 1. Whether the district court was correct in holding that Elian Gonzalez has no due process rights concerning the manner in which the INS considered the asylum applications filed on his behalf. 2. Whether the INS’s thoroughly considered and crafted approach to considering asylum applications submitted by a third party on behalf of a six-year-old child, against the express wishes of the child’s sole surviving parent. RULE: 1. An unadmitted alien cannot challenge decisions by INS officials with regard to their applications for admission, asylum, or parole on constitutional grounds 2. An application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum and a third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court. ANALYSIS: The Court felt that the district court ruled correctly on its holding that Elian Gonzalez had no due process rights in the way the Attorney General considered the asylum applications submitted for him. The ruling on due process was found to lack merit because â€Å"aliens seeking admission to the United States . . . have no constitutional rights with regard to their applications†, Jean v. Nelson, 727 F.2d 957, 968 (11th Cir. 1984). Although the statute requires the existence of some application procedure so that aliens may apply for asylum, section 1158 says nothing about the particulars of that procedure, 8 U.S.C.  § 1158. The matter for decision is not up for the courts to decide but for the agency to enforcing the statute, in this case the INS, to choose how to fill such gaps. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), 104 S. Ct. at 2793 The second issue was who could actually speak for Elian Gonzalez. The INS Commissioner reached a decision that a six year old is too young to file an asylum claim on his own. It was therefore the job of the Attorney General Reno’s job to determine who should speak for the child, and she found that the father, Juan Miguel, should speak for the child. In Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985, the court concluded the minimum age of 12 was the lowest for the age of majority needed to distinguish the child’s asylum interests that different from those of their parents. Lazaro Gonzalez application for guardianship was not allowed because the matter was with immigration lending it to be a federal matter. CONCLUSION: The courts ruled that an alien seeking asylum has no constitutional right to do so, thus removing the power to assert a right to due process under the law. Since Elian was an alien, the Attorney General had full custody over his status. On the second point was could Elian through a third party bring an application for asylum on his behalf. Because Elian was only six years old, he lacked the legal capacity to file for himself. The court felt that only the father could speak for his child. Since the application for asylum was in direct conflict with his wishes, the court saw no reason to reverse the lower court decision therefore sending the child back to his homeland. Had Elian been at least 12 years of age and could articulate the reasons for his fear of being returned to Cuba

Wednesday, October 23, 2019

Reflection Paper on the Story of Job Essay

The story of Job has enlightened me on how God really is. He is not rude or a punisher, but rather a God who gives challenges that he knows his people can surpass. Job has impressed me on how he never turned his back on God despite the losses he came across in his life. If I come to think of all Job’s struggles, and put my feet in his shoes, I don’t think I’d be able to handle it. It’s a bit acceptable to lose possessions, but to lose one’s family is very devastating. Job lost all his animals, his house and his family, but instead of hating God, his faith in Him even strengthened. He thought that he didn’t have the right to question God’s decisions because God is the Almighty – the most powerful. What I also realized is that we usually remember to honor God when we are in need or when we are at our deepest sorrow. But we are ignorant in thanking God in times when our needs are fulfilled. At times, I ask God for guidance, strength and even small wishes like being able to pass in a certain subject, and I admit, I sometimes forget to thank Him. However, God is said to be forgiving and I know that no matter what challenges He gives us, his intention is to give us a lesson and correct our mistakes. Life really isn’t fair, but we all know that God has designed a special story for us to live in. We should just accept and adapt to what life has to offer.