Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) Assignment

Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) - Assignment Example Regarding this issue, was the court’s mandate in determining the general standard for the admittance of expert scientific testimony, in the case of a federal trial. As the petitioners, Jason Daubert and Eric Schuller were minors born with serious birth defects. Their parents on behalf of the two, sued the respondent, alleging the cause of the defects to be attributable to their mother’s ingestion of Bendectin. As a prescription anti-nausea drug, marketed by the respondent, they were of the view that the entity was liable for criminal neglect amongst other irregularities. This necessitated research studies which eventually led to the lack of direct linkage between the drug and birth defects in human beings. The respondent showcased an affidavit, from a renowned leading expert on various risks associated to exposure to different chemical substances. He was of the view that the drug was not associated with any form of defects, with no study having found it is having the characteristics of a human teratogen. Consequently, he viewed maternal utility of the drug, during the first pregnancy trimester, as not showing any risk factors for human birth defects. The petitioners, not contesting the aforementioned published details, instead respond to the motion by way of utilizing the testimony of eight experts, working for the firm. They did earlier on come to the conclusion that the drug can cause birth defects. Basing their conclusions on both ‘in vivo’ (live) and ‘in vitro’ (test tube) animal studies, a link was found, between the drug and resultant malformations. In addition, was the aspect that pharmacological studies, in regard to the drug’s chemical structure; purported to show similarities to that of other substances that were known to cause birth defects. Last, was the fact that ‘reanalysis’ of previously published epidemiological (human statistical) studies, further portrayed the lack of conclusiveness; in regard to matters pertaining chemical

Marketing Principles Essay Example | Topics and Well Written Essays - 3000 words

Marketing Principles - Essay Example They also tend to be the high volume, low cost items. The top FMCG companies are characterised by their ability to produce the items that are in highest demand by consumers and, at the same time, develop loyalty and trust towards their brands. Danone is an FMCG company with over 90,000 employees and operates in 125 countries World-wide. Danone’s brands include Evian ,Actimel, Volvic and Activia. Officialy created in 1990 as a branch of Danone Belgium, and hit UK with the yogurt drink Actimel in 1999. Worldwide Group Danone has two subsidiaries in the UK - Danone UK Ltd and Danone Waters UK & Ireland. Danone UK Ltd is the fresh dairy business behind Britain’s fastest growing yogurt brands, Activia and Shape, as well as Britain’s best-loved yogurt drink, Actimel and new luxury Greek-style yoghurt, Oykos and one more new range of super thick, super tasty strained yogurt with a hidden layer of fruit compote, Danio. Danone Waters UK & Ireland represents Evian, the worlds most popular mineral water. Its portfolio of bottled waters also include Volvic, Volvic Touch of Fruit and Badoit. Danone mission is â€Å"to bring health through food and beverages, to as many people in the UK as possible†. Danone funds nearly  £180 million in research and development each year. This essay about Danone UK Ltd., has been divided into four parts. The first part deals with explaining marketing process and marketing orientation to the newly developed product in organization. The second – is analysing the macro and micro environmental factors, examining the concept of segmentation and identifying the factors that will influence buyer behaviour and propose a new positioning strategy on newly developed product. The third, explaining how the new product was developed, evaluating a range of distribution methods, discussing and critically evaluating pricing methods,

HRM Best Practice and Fit Approach

HRM Best Practice and Fit Approach The discussion between promoters of best practice and best fit approaches has sparked widespread controversy in the human resource management (HRM) area. The topic has gained much scholarly attention because it not only addresses a theoretical controversy but also possesses a high degree of practical managerial significance. The essay has the aim to analyse best practice and best fit approaches in HRM of a multinational enterprise. The reader receives insight into Lincoln Electrics organization through a case-study analysis of practical HR approaches serving as a basis for developing practical managerial implications in the last part of the paper. 2. Critical evaluation of best practice and best fit practices in HRM 2.1 Best practice approach The best practice approach claims that certain bundles of HR activities exist which universally support companies in reaching a competitive advantage regardless of the organizational setting or industry (Redman and Wilkinson 2009). Best practice models imply a close connection between HR practices and organizational performance and are often associated with high commitment management (Paauwe Boselie 2003). Empirical research in the best-practice field shows similar groups of HR polices which are especially suitable for maximizing performance irrespective of market and product strategies (Peffer 1998, Guest 2000). Best practice bundles of activities are characterized as mutually compatible HR activities which forge high levels of workforce competence, encourage motivation and introduce a workdesign boosting employee commitment (Maloney and Morris 2005). Based on concepts from expectancy theory (Vroom 1964, Lawler 1971) best practice HR will result in higher levels of quality, product ivity and low rates of absenteeism and wastage (Guest 2000). The best practice approach suffers from a series of limitations. Firstly, when implementing best practice standards organizations run risk of introducing mutually prohibitive combinations like team working and compensation based on individual performance resulting in a deterioration of employee collaboration through overexaggerated competition (Delery 1998 in Redman and Wilkinson 2009). Secondly, high commitment management systems are generally a complex undertaking requiring large inputs of planning and top level management commitment. Thirdly, critics like Milkovich and Newman (2002) argue that best practice HR lacks direct linkages with organizational strategies and is minted by the belief that outstanding high performing human resources will influence strategy. By making HR policy precede corporate strategy an organization risks prescribing standardized sets of one size fits all best practice approaches which will not support the particular needs of employees and be detrimental t o overall strategic objectives (Maloney and Morris 2005). Fourthly, discussions with regard to the appropriate choice of best practice measures resulting from an insufficient research methodology and theoretical definition exist (Marchington and Grugulis 2000 in Redman and Wilkinson 2009). 2.2 Best fit approach The best-fit model is considered as a variant from precedent models of Harvard, Michigan and York and is called matching model for HRM (Sparrow and Hiltrop 1994). It is based on developing HRM policies according to business strategy. Strategy involves planning future activities, performances objectives, and policies towards reaching the corporate aims. HRM strategy should be designed and applied to support the given corporate strategy (Lawler 1995). The best-fit approach questions the universality assumption of the best-practice perspective. It emphasizes contingency fit between HR activities and the organizations stage of development, an organizations internal structures and its external environment like clients, suppliers, competition and labour markets (Redman and Wilkinson 2009). HR policy should be minted by the appropriate context of individual employees and therefore support the overall competitive strategy. Aligning HRM practices to strategies can enable companies to create p otential competitive advantages (Schuler and Jackson 1987 in Redman and Wilkinson 2009). The best fit approach is also subject to sever criticism. Firstly, Boxall and Purcell (2003) criticizes that in a changing business environment companies and their strategies are subject to multiple alternating contingences and that it is merely possible to adjust entire HR systems to new challenges frequently. Secondly, as companies move through their life-cycle HR practices have to be aligned which leads to an alternating treatment of employees which can have a demotivating effect and show inconsistency in corporate culture (Boxall and Purcell 2003). 3. Analysis of Lincoln Electrics HRM approach 3.1 Evaluation: Best practice or best fit approach in certain HR practices 3.1.1 Selection practices For the hiring of its U.S. workforce Lincoln Electronic is applying best practice methods as it pursues a selective employment approach aiming at attracting skilled personnel that can connect to the companies high performance ethic and live up to quality standards. New hires have to pass a three-month probation period and prove their work dedication in trainee programme (Bjà ¶rkman Galunic 2003). For the established U.S. operations promoting experienced employees from within can be regarded as an element of best fit approach of aligning HR goals with corporate quality strategy (Lawler 1995). It is coherent with Lincolns strategy of binding the best employees and rewarding them for their long-term achievements with responsibility thus keeping its intellectual capital and ensuring a sustainable competitive advantage in fields of performance, knowledge and quality. In the international management Lincoln made the mistake of relying too much on inexperienced U.S. managers from within a nd only after the disaster of the international subsidiaries started to move from its unitary strategy towards a more responsive best fit approach to external environmental by hiring more internationally experienced external managers in China and Europe which fits the international expansion strategy (Hastings 1999). In its Chinese recruitment it adapts to the Chinese labor market by personally promoting and introducing prospective employees through senior management to identify personalities who can live up to performance, education and quality requirements applying a best fit approach (Bjà ¶rkman Galunic 2003). This is in line with common relationship and social network oriented selection practices in China (Warner 2005). 3.1.2 Training practices Lincoln is applying a best fit strategy which aims at enhancing employees abilities, technical and business knowledge through a significant investment in globally recognized best practice training methods (Marchington Grugulis 2000). Examples are a sophisticated trainee program for sales and engineering trainees, constant vocational trainings for experienced workers and regular work certification programs (Bjà ¶rkman Galunic 2003). These actions aim at supporting and maintaining the superior efficiency objectives creating core competences compared to industry rivals and a competitive advantage. Lincolns approach to training employees resembles the immersion training conducted by Toyota which also conducts extensive investment in workers qualifications to achieve highest productivity and quality (Spear, 2004). 3.1.3 Reward system The reward system which has been invented by founder James Lincoln is at the core of the successful individual performance working system. In the US, Lincoln employs a highly compensated piece-work system which is linked to individual employee performance based on a multitude of work-related factors (Bjà ¶rkman Galunic 2003). The reward system is able to motivate employees for achieving commitment through a remuneration which is at the top of its industry (Bjà ¶rkman Galunic 2003). Payment system possesses clear management commitment and is seen as the key for achieving outstanding employee commitment leading to advantages in costs, productivity and quality (Hastings 1999). Group collaboration within the company is created through specific bonus pools which are allotted to work group performance. The bonuses are then distributed to the members of that group according to their quantified relative performance on the semi-annual merit rating based on factors like idea generation, qu ality, reliability, dependability and output (Milgram Roberts 1995). Employees are closely bound to the organization through a long-term stockpurchase plan as part of their remuneration making them entrepreneurs at their workplace (Bjà ¶rkman Galunic 2003). Classification of the reward system in one of the HRM approaches is ambiguous. Lincoln invented the individual performance-system as the major component towards developing its employees for becoming its core strength through an unbeatable motivation and quality-drive (Milgram Roberts 1995). This is the utilization of the best fit approach minting HR towards organizational strategic objectives. The performance payment system has proven immensely successful becoming an internal best practice. Empirical studies by MacMillan and Schuler (1984) confirm the success of individual performance- pay with end-of-year bonuses at US bearings company Baimco and at the aviation company PEOPLexpress. For its global operations Lincoln is forc ed to abide by national restrictions in the legal environment (e.g. prohibition of piecework in Germany) and traditional working habits in the socio-cultural environment to align its reward system to local standards (Bjà ¶rkman Galunic 2003). In Europe, it is forced to conduct a best fit approach abiding by local regulations and adjust to differing standards of motivation where workers value benefits like vacation over annual bonuses. 3.1.4 Employee participation The best fit approach is also utilized for the field of employee participation. The company possesses an open-door policy where employees can contact management directly. Flat hierarchies with minimal supervisory management lead to very low communication barriers and wide-opportunities for taking responsibility (Milgram Roberts 1995). Due to participation is one of the evaluation criteria for employee remuneration Lincoln has a very high workforce participation rate concerning continuous improvement suggestions. Similar continuous improvement and feedback programs are also pursued by Japanese companies like Nissan in order to enhance productivity (Erstand 1997). That not only encourages idea generation but also directly involves employees in major decisions like the turnaround after the economic crises (Hastings 1999). Although workers are not unionized a very lively participation with the management board takes place through the Employee Advisory Board leading to a very high level of workforce loyalty. The best fit participation approach supports the core competence and sustainable competitive advantage of productivity and innovative quality as major strategic objectives (Pfeffer 1995) 3.2 External and internal factors influencing Lincolns HR strategy 3.2.1 External factors Firstly, the legal environment both in Lincolns domestic market and international markets significantly influences the HR strategy. Regulations regarding the legality of piece-work systems, vacation requirements and working hour limitations force Lincoln to adapt HR practices in all fields elucidated in chapter 3.1. In the U.S. more performance driven and entrepreneurial HR approaches are possible whereas regulations in Europe, Asia and Latin America force Lincoln to adhere to adapt local HR practices (Bjà ¶rkman Galunic 2003). Secondly, Lincoln is affected by the cultural diversity of its operations again creating barriers for the introduction of performance driven measures in markets like Western-Europe and China. Whereas in the U.S. traditionally hierarchy is low and employee idea generation is common, Chinese culture is more subversive and critical idea generation practices will fail (Zhu 2005). Similarly hiring and training practices are different across cultures: The U.S. and Europe allow for the application of best practices in recruitment and training. In Asia Lincoln needs to align to the environment of conducting rather relationship oriented hiring and in-depth skill development (Warner 2005). Thirdly, different market maturity and industry-life-cycles between developed and developing markets affect Lincolns HR approaches with differences in hiring, training and workforce participation. 3.2.2 Internal factors The first major internal factor affecting Lincolns HRM is the life-cycle of the respective subsidiary. U.S. and Canadian operations have a historical presence with high levels of employee loyalty, trust, identification with the individual performance culture and a well attuned work organization and low hierarchies (Bjà ¶rkman Galunic 2003). Due to recent acquisitions and Greenfield investments in Europe and Asia loyalty and identification with the overall corporate objectives and working ethics is unincisive (Hastings 1999). Lincoln is challenged developing HR-approaches to create employee involvement and implement the performance driven internal values. Especially, immense discrepancies between the subsidiaries international managers and the U.S. headquarters management are major obstacles for the development of globally coherent HRM strategies which can enforce the overall companys performance (e.g. objections against incentive system, language barriers, management philosophies) (Hastings 1999). Lincolns executives do not possess the required international management skills and are very much minted by idealized U.S. practices. 3.3 Practical managerial lessons and broad implications for HRM practices Practical managerial HRM implications which can be drawn from the Lincoln case are the following. Lincolns HRM strategy is based on a best fit approach designed to achieve an optimal vertical fit with the overall corporate strategy with a strong alignment towards the competitive strategic objectives of employee productivity and product quality on the companys domestic American market (Basset 1999). Lincoln is immensely successful on the U.S. market because it matches HR approaches to corporate, competitive and functional level strategy to achieve a sustainable competitive advantage. Internationally, Lincoln is not able to transfer the U.S. model of best fit to its subsidiaries. Environmental factors like legal requirements and cultural differences make it impossible to use a system which is based on individual performance (Bjà ¶rkman Galunic 2003). Lincoln is limited in fitting its HR approach to what would be best for reinforcing its efficiency and quality driven competitive advantage. The Lincoln case illustrates that in a global context companies are influenced by a multitude of contingences. A universalist HRM approach within a MNC applying a certain bundle of HRM best practices will not render an optimal outcome for the entire organization (Sims 2007). According to Dowling et al (2008) International managers need to take a more detailed approach by identifying individual circumstances of national subsidiaries and fitting HRM strategies to achieve a mutual enforcement between local requirements and corporate strategy. For some a best practice approach might be a superior solution while for other subsidiaries only certain best practice elements (e.g. hiring, training, rewards etc.) might prove to be effective: In Europe Lincoln fails to develop any sort of HRM strategy which can satisfy the environmental requirements and reinforce its competitive differentiation strategy at the same time. Due to a lack of international knowledge Lincolns managers rely on the stat us quo (Hastings 1999). In Europe an introduction of best practice methods with a HPWS would have immediately allowed ensuring better control and performance in the newly acquired international subsidiaries through standardized practices (Maloney and Morris 2005). The best fit approach in Lincolns Chinese subsidiary incorporates lessons learned from the European failure: Lincoln is able to adapt HR strategy to environmental requirements of culture, legal requirements and the market and at the same time introduce best fit approaches in hiring and employee development to support its competitive strategy. The broader implication is that there is no single best way to approach HRM. Companies should design their approach according to elements of best practice and best fit to achieve the best possible outcomes. Studies conducted by Mendonca Kanungo (1994) and Cyert March (1963) show that the adaption of HRM approaches to local international environments is essential for companies leading to and adaption of processes and practices to fit with the local workforce. Successful MNCs like Unilever, Royal Dutch Shell and Nestlà © are those that conduct HRM strategies based on localized requirements incorporating elements from best fit and also standardized best practices (Briscoe Schuler 2004). In this context a localized resource-based HRM approach can be a good possibility to create synergies between internal competences with strategy and performance. 4. Conclusion To put everything under consideration, one can see that best fit and best practice approaches offer companies powerful tools for shaping human resource management processes. The case study has illustrated that an application of one bundle of best practice strategies across all geographies of MNCs, as proposed by Pfeffer (1998), is almost impossible because of regional differences in work-related practices, laws culture and characteristics of motivation. Similarly, sticking to a best fit strategy which is only aligned to the contingency of strategy and a neglect of environmental forces and internal capabilities can lead to a failure of HR in international markets. The case has shown that the concepts of best practice and best fit have to be analyzed and adapted to suit the localized needs of international subsidiaries in order to pave the way to overall global competitive advantages through HR.

Society and Femininity Essay -- American Literature Essays

Society and Femininity: Triumph of the Human Spirit Very few novels in American Literature can earn the title of timeless. These novels transcend the ages, because they possess a greater meaning. Their stories teach people about life, the glory of the human soul, and all it can endure to overcome. Three novels in particular get to the very heart of feminine struggle. Though they touch not on women’s struggle to vote, they reach the higher plain of women’s struggle to be seen as who they are and not what society wants them to be. To Kill a Mockingbird, The Color Purple and The Bluest Eye all deal with the topic of women trying to overcome society. Although these novels were written in the mid to later half of the twentieth century, they go back to a time when the Great Depression was touching all walks of human life. Each of the main characters in these novels does not fit society’s view of femininity during the time period. Although the main characters in the three stories do not fit society’s idea of femininity, they each, in their own way, overcome this and show a greater beauty of strength. All three main characters in each of these stories fail to fulfill society’s idea of beauty and femininity. The lead character of To Kill a Mockingbird, Scout, is a nine year old tomboy, during a time when girls aren’t supposed to be tomboys. She receives much criticism by her aunt and many others for not being the ideal young little girl. Harper Lee, the author, expresses through the view point of Scout, â€Å"Aunt Alexandra was fanatical on the subject of my attire. I could not possibly hope to be a lady if I wore breeches, then I said I could do nothing in a dress, she said I wasn’t supposed to be doing things that requi... ... is not willing to give up the fight by her amazing desire to want that child to live. Although the book does not show Claudia in adulthood, one can envision her as the epitome of a strong woman. These three main characters defy society because of their strength. These books become timeless because of the female characters. Each novel defies the expectations of society in its own way. They exemplify women who rise above the average to become greater than what most people are. The novels show the female spirit in all its glory; they portray its strengths and ability to overcome obstacles. Works Cited Lee, Harper. To Kill a Mockingbird. 1960. 40th Anniversary Ed. New York: HarperCollins Pub, 1999. Morrison, Toni. The Bluest Eye. New York: Holt, Rinehart & Winston, 1970. Walker, Alice. The Color Purple. Orlando: Harcourt Brace Jovanocich, 1982.

Carl Jung’s Theory Essay

Carl Jung tackled personality and ‘psychological types’ (also referred to as Jung’s psychological types) from a perspective of clinical psychoanalysis. He was one of only a handful of psychologists in his era to maintain that development is never unchanging, but in fact actually grows through childhood, adolescence, mid-life and into old age. He concentrated on establishing and developing a relationship between conscious and unconscious processes. Jung believed that there was a interchange between the conscious and unconscious and without it the unconscious processes could weaken and possibly endanger the personality and this is seen in one of his central concepts of individuation. He believed that individuation is a continuous process of personal development that involves founding a connection between the ego and the self and that it could be brought to its highest realisation if worked with and the unconscious was confronted. Jung, (as did Freud) , referred to the ego when explaining the more conscious aspect of personality. However he (unlike Freud) thought the unconscious side of the personality was equal in status, and complimentary to that of  the conscious. He referred to the integrated personality as Self; the centre of the total psyche, incorporating both the conscious and the unconscious. The Self includes all of a person’s qualities and potentials whether or not they become apparent at a particular stage of life. Therefore the goal of therapy is to guide the client to become a whole a human being as personal circumstances will allow. It was from Jung’s confrontation with the unconscious, in himself and his patients, that he gradually elaborated his psychology. His book Psychological Types (1921) worked as the compass by which he tried to understand how he differed from both Freud and Adler, but more importantly, could begin to chart the internal world of people. He considered spirituality a central part of the human journey (indeed there is a whole literature relating Jungian psychology and spirituality, primarily from a Christian perspective) and had a deep appreciation of creative life. Jung’s description of personality states that in order to identify a psychological type it is necessary to discover whether a person is oriented primarily toward his inner world Introversion or toward external reality Extroversion. These were known as the fundamental attitude of the individual to emphasise its importance: Introverts Are people who prefer their internal world of thoughts, feelings, fantasies, dreams, and so on. Extroverts These people prefer the external world of things and people and activities. In todays world these words have become confused with ideas like shyness and sociability, partially because introverts tend to be shy and extroverts tend to be sociable. But Jung intended for them to refer more to whether you (â€Å"ego†) more often faced toward the persona and outer reality, or toward the collective unconscious and its archetypes. In that sense, the introvert is  somewhat more mature than the extrovert. Our culture, of course, values the extrovert much more. Jung warned that we all tend to value our own type most, This reality is still applicable to therapists today as it is important not to allow personal feelings to take place when working with clients. Both introvert and extravert overrate their strengths and each of them tends to undervalue the other. To the extravert, the introvert seems egotistical and dull, and to the introvert, the extravert appears superficial and insincere. Jung believed that a person remained an extravert or introvert without change for the whole of his life, and that heredity determines whether the libido is directed inward or outward. Whether a person is an introvert or extrovert they need to deal with both their inner and outer world. And each has their preferred way of dealing with it, ways which they are comfortable with and good at. This hypothesised stability of the introversion-extroversion trait is consistent with empircal research using Non-Jungian measures of introversion and extraversion. We now find the introvert-extravert dimension in several theories, notably Hans Eysenck’s. :- Eysenck (1916 – 1997) In Eysenck’s view people are biosocial animals and that psychology stands at the crossroads of biological sciences and social sciences. He states that psychology must become more of a true science with methodology in all that the therapist does in order to permit personality theorists to make predictions that can be tested and therefore make possible the development of the causal theory of personality, which he believes will inevitably help the therapist with clients presenting problems. Eysenck believed that from a scientific angle, Jung’s contribution to the study of personality types had been largely negative as he permitted mystical notions to override empirical data and sought to go beyond descriptive analysis to the causal analysis of personality. Eysenck went on  to review the theories and came to the conclusion that most people fall somewhere between the middle of the two extremes of those whose emotions are liable and easily aroused and those who are stable and less easily aroused. He suggested that the basic dimensions of personality may be summarised as shown in.(Figure 2) below (Figure 2) Further work by Eysenck tied personality differences to visceral brain activity and he showed that because introverts have sensitive nervous systems they are more easily conditioned and that also makes them more vulnerable to anxiety based neuroses if the visceral brain activity is high, whereas the extravert has a less sensitive and more inhibited cortical process and therefore are slow to develop conditioned response. Because socialized behavior depends on a well conditioned response in childhood extraverts were more likely to develop psychopathic disorders if their visceral brain activity is high. This theory is hypthetical and Eysenck realized that his hypothesis â€Å"must stand and fall by empirical confirmation† (1965) Despite his scientific data Eysenck, like Jung, advocated that human behaviour has both biological and social causes but that there is a strong genetic component. Perhaps therapists could look at the behaviour and traits of a client’s close family when working with them in order to better understand the â€Å"nature/nurture debate† Jung associated the conscious part of the psyche (ego) to an island that rises out of the sea. We notice only the part above the water, even though there is a greater land mass below the water – much like an iceberg, the unconscious lies below. The personal unconscious is a reservoir of experience unique to each individual consisting of perceptions, thoughts, feelings and memories that have been put to one side or repressed but not always covered by sea and therefore can be reclaimed. Whereas the personal unconscious is unique to every individual, the collective unconscious is shared or â€Å"transpersonal† and consists of certain potentialities that we all  share because of our human nature, because we all live in groups and in some form of society or family life. He believed that the collective unconscious did not develop individually but was inherited and consisted of pre- existent forms, the archetypes. An archetype is a universal thought form or predisposition to respond to the world in certain ways and is crucial to Jung’s concept of the collective unconscious because it emphasises potentialities in which we may express our humanness. He believed that they appeared to us in dreams, art, ritual, myths and symptoms. Jung suggested that people tend to develop two functions, usually one rational function Jung suggested that people tend to develop two functions, usually one Rational functionand one Irrational function. There are four basic ways, or psychological functions which are thinking, feeling, sensation or intuition; one of these becomes the primary or dominant function and the other the auxiliary function. (See Figure 3) on next page. Jung’s Four Psychological Functions Figure 3 Therefore it is unusual to find thinking and feeling sensation and intuition, develop in the same person. The dominant function is directed toward external reality if the person is an extravert, or toward the inner world if the person in an introvert. The rational functions of thinking and feeling can be conceived as a pair of opposites as can the irrational functions of sensation and intuition. The extraverted thinking sensation type would have an introverted feeling-intuitive shadow and vice-versa. (See Figure 4 below) Thinking Thinking EXTRAVERSION EXTRAVERSION CONSCIOUSNESS CONSCIOUSNESS INTROVERSION INTROVERSION SHADOW SHADOW Feeling Feeling Fig 5. Adapted from Cloniger (2000b) and Engler (1999 These eight psychetypes are useful in giving the therapist a more complete picture of the client’s personality and help to identify the function that the individual uses for dealing with the less preferred direction, known as the auxiliary function. Jung cautioned that types rarely occur in a pure form and that there is a wide range of variation within each type, that people of a specific type may change as their personal collective unconscious changes in response to external or indeed internal influences which will motivate the individual to seek change in their lives. The therapist needs to be aware of that every client responds differently. Jung viewed emotional disturbance as a person’s attempt to reconcile the contradictory aspects of personality. One side of the psyche, such as the conscious, adaptive, social persona, may be exaggerated at the expense of the darker, unconscious aspects, the shadow side :- Example:- The Extraverted sensation types who may appear to be superficial and soulless and actively seek thrills and distractions but have a shadow side of intuition which when activated by an inner event will gives rise to negative hunches that are way off beam and may manifest as paranoid or hostile behaviour for no apparent reason. (Stevens 1994b Critics of Jung A criticism of Jung’s theory was his lack of empirical research in which his theory has been attacked as being â€Å"non-falsifiable and unscientific† (Herenhahn. 994 p.33) Jung based his psychology on explorations of his own inner world, as well as his work with people ranging from â€Å"normal† to those with neurotic problems and even those suffering from psychosis (Snowdon, 2010. P.XXV1). Eysenck was also a critic see section on (Eysenck). However, Jung was unconcerned claiming that he â€Å"cannot experience himself as a scientific problem. Myth is more individual and expresses life more precisely than does science (Stevens. 2001. P.156) How might Jung’s Theory usefully help a client and determine therapeutic goals:- It is necessary to determine whether a person is primarily orientated toward their inner (introversion) or outer world (extraversion) and next to assess which are the dominant and auxillary psychological functions of the client. Jung said that people connect ideas, feelings, experiences and information by way of associations in the unconscious in such a way as to affect their behavior. These groupings he named as Complexes They may be organised around a particular person or object and the therapist may use this knowledge to bring to the forefront of the client’s consciousness a situation which they may be finding difficult to disengage from such as the case that Jung wrote of where a man who knew that he was suffering from an imaginary growth but could not stop himself from believing it. Although in todays world we have such tools as MRI’s and other techniques to help people see that their unconscious worries are unfounded, I still think that counseling and cognitive therapy can/may be appropriate. The therapeutic goal of Jungian therapy is to help the client reconcile unbalanced aspects of their personality which present in a number of differing ways of  Psychological disturbance.:-Examples include: extreme negativity, addictions,  degrees of paranoia, sudden religious conversion, inappropriate attachments to unsuitable partners, hysteria, mania, depression, hypochondria’s or schizoid personality traits ( as Jung himself had as a boy) By understanding his theory and how each type may present the therapist can help them unlock the shadow sides of their personality. It is a process in which the client is helped to come to terms with the place of self within their own world and also to help them see that they are part of a greater collective unconscious. Much of Jung’s work was about the interconnectedness of all people and cultures which in today’s world is a helpful to us. The use of appropriate assessment techniques can be invaluable in helping a therapist to develop the untapped potential within the individual. Jung was of the opinion that treatment along certain prescribed lines according to a certain school of thought does not always work. And finding about the person’s personality type should help a therapist to establish which treatment method should work best for that particular person. For some people it is feeling accepted by others in which case the person centred approach would be most appropriate whereas others are very goal oriented, not so much in touch with their feelings and like to work with targets and see results quickly. For such people the cognitive behaviour approach would be the most appropriate Further Jung believes that the opposite poles attract but at the same time will find themselves in conflict later on in a relationship. By helping the client become aware the therapist will be able to help the client realise what works and does not work in their relationship. People’s values, attitudes or beliefs are not part of a person’s psyche however personality can certainly contribute towards influencing these. Jung was convinced that our personalities never become stati so there is a potential for us to grow throughout our lives and we can never quite say that our growth has finished. Indeed I find myself on this journey of self discovery and am finding the real me as opposed to how others would like to view me. I am unearthing what drives me, what my purpose is and how I want  to get there. These wide possibilities are there also for each client when they come for therapy. The more the counsellor is able to learn about their self and promote growth the better the therapeutic relationship and the more progress the client can make. There might also be a breakthrough for clients who are not very happy in their jobs or for those who are not quite sure about the direction they want to follow in their career choices. Clients might therefore get an idea about the types of jobs that would suit their particular personality and that could signify another turning point in the counselling process. Learning about our personalities can certainly be very enriching but should not be used to make excuses for the behaviour we are not proud of. I myself have taken the Myers Brigg test (which includes an additional further two categories of preference and perceiving – which in turn multiplied by two Jung’s eight personality types to that of sixteen personality types) with a result of INFJ and learned that my first career preference would be a counselor and indeed that is exactly what I am at this moment trying to achieve and hope that I will become a proficient therapist. I found the test to be invaluable and I must stress that the personality type description fits me fully. I am very creative, practical and always on the lookout for new solutions and ideas. I have a strong desire to help people realise their potential. I am very empathetic and show great intuitive abilities. When I was at school other kids always wanted me to describe what a new teacher would be like and I never failed by just looking at her or him once in the corridor. I am aware that I enjoy spending time on my own to renew myself and in order to do that I like to unwind in a really peaceful place. Ever since I was small I never liked conflict and there always seemed a lot of it going around in my family. But I actually am happy to enter it to help resolve it. I certainly enjoy being active and look out for the next challenge. And perhaps some might find me stubborn if I am given advice as I tend to stick to my intuitive feelings. If my clients find out which personality type they are it might help them  make sense of things they did not even understand about themselves – helping them to see how they interact with others and how they view themselves. This essay has been an enlightening journey of discovery of not only Jung’s theory but thins I have discovered about myself on a personal level. I hope that when I eventually become a therapist I can use this skill and my clients can benefit in the same way I have. Conclusion Whilst Jung’s theories are widely used in psychodynamics and personality testing in todays world, it should be recognized that this theory about different types of human personalities is a psychological approach to growth and wholeness. The therapeutic goal of Jungarian therapy is to help the client reconcile unbalanced aspects of their personality which may present in a number of differing ways of psychological disturbances (mentioned above) and physical illness, and obsessions. I therefore feel that understanding Jung’s theory and how each type may present gives me as a therapist the ability to help the client gradually strip away the shadow side of their personality, the negative aspect that they will need to address. This will be a process of individuation in which the client is helped towards the conscious realization and fulfillment of their unique self and to help them see that they are a part of a greater collective unconscious. In conclusion, I agree that understanding personality types, whether it is Jung’s theory or Eysencks is very important in helping me as a therapist, and my client in reaching their goal/s. By my being aware of the strength of my clients psyche it could help me begin to work on weaker areas, therefore helping my client to find meaning within their own world and moving towards their true self. References Boeree G. (2006) Carl Jung 1875 – 1961 http://webspace.ship.edu/cgboer/jung.html Accessed 28/08/10 Cloniger S. C. ( 2000) Theories of personality: understanding Persons(3rd Ed) Engler, B. (1999)Personality theories, an introduction. Eysenck , H.J. (1982) Personality, genetics and behaviour: Selected papers. Eysenck, H. J. (1990). Biological dimensions of personality. In L. A. Pervin (Ed.), Handbook of personality: Theory and research (pp. 244-276). Frager, R., & Fadiman, J. (2005). Excerpt from Personality and Personal Growth ( Fordam, F (1953) An introduction to Jung’s psychology.Baltimore. Penguin. In Engler, B. (1999)Personality theories, an introduction Furnam, A (1990) Can people accurately estimate their own personality test scores? European Journal of Personality, 4(4), 319-327 in Engler, B. (1999) Personality theories, an introduction.p87 (5th Ed) Jung C, (1933) Jung ‘Psychological Theory of Types’. Modern Man in Search of a Soul , p. 98 (cf. C.W., 6). http://www.cgjungpage.org/index.php?option=com_content&task=view&id=852&Itemid=41#Contents2 O’Roark, A.M. (1990). Comment on Cowan’s interpretation of the Myers-Briggs Type Indicator and Jung’s psychological functions.Journal of Personality Assessment , 58, 277-299 in Cloniger S. C. ( 2000) Theories of personality: understanding Persons Stevens, A. (1994a)Jung A Very Short Introduction. p38. Stevens, A. (1994b) Jung A Very Short Introduction. Ruth Snowden. The key ideas 2011 Ruth Snowden – Teach yourself Jung

Bless me ultima research paper Essay

Antonio does not give up his dream of being a priest, even though is severely disappointed by the Catholic religion. He becomes a different kind of spiritual leader, one his people are not quite ready to accept. In a dream, Antonio cries out to Jesus as he suffers on the cross: â€Å"My God, my God, why have you forsaken me! † (Anaya, 233). He is unable to fully believe in either Catholicism or curanderismo and consequently decides to combine the two different perspectives to gain his own answers. Antonio ultimately becomes â€Å"a man of learning† as Ultima had predicted. He acquires knowledge and understanding along the way to maturity. Antonio appreciates that life is naturally ever changing. He accepts his parents’ flaws as well as his brothers’ sins. He realizes the extent of prejudice and accepts that others, too, are not firm in their beliefs, while recognizing his own sins. The duality of Western and Chicano cultures in his heritage is another conflict Antonio must resolve. The author represents three different acculturations: assimilation, integration and rejection (Black, 146). According to Black, Antonio’s brothers â€Å"are assimilated into the Anglo world in ways that result in their desire to leave la familia and move into the dominant cultural sphere†; because they reject their heritage, they lose their culture (149). Antonio does a better job of assimilating his ethnic identity with Angle culture through adaptation: â€Å"†¦the innocence which our isolation sheltered could not last forever, and the affairs of the town began to reach across our bridge and enter my life† (Anaya, 14). Antonio begins his assimilation in school. He retains his heritage by speaking Spanish and eating his traditional Chicano lunch â€Å"of hot beans and some good, green chile wrapped in tortillas† (Anaya, 54). Although, as he says, â€Å"the other children saw my lunch [and] they laughed and pointed again†, the experience reminded him of the existence of prejudice (Anaya, 54). It makes him feel different until he finally finds friends who share his Chicano roots and he is able to overcome his loneliness. This also helps him to realize that he can live in both worlds. Antonio strives to learn English and stay in school, in direct contrast to the rest of his family. At home, he is educated about Chicano culture through Ultima’s teachings. She urges him to appreciate the beauty of the land and embrace the ancient wisdom of curanderas. His family are the instructors in such things as personal integrity and the Chicano way of life. Belief in myth as opposed to the reality presented by history also create a conflict in Antonio. According to Lamadrid, there is an important relation between myth and the socio-cultural identity of traditional Chicanos (497). He uses examples such as that of la llorona (wailing woman) to define myth as the â€Å"collective interpretation and mediation of the contradictions in the historical and ecological experience of a people† (Lamadrid, 496). This assertion becomes clear in examining Antonio’s representation of evil and native power; he believes La llorona is luring him, but he resists and escapes death. Ultimately, Antonio learns to accept that life is the greater reality and understands â€Å"the tragic consequences of life can be overcome by the magical strength that resides in the human heart† (Anaya, 237). He remembers Ultima’s teachings, which help him to â€Å"take life’s experiences and build strength from them and not weakness† (Anaya, 248). As de Mancelos states, Antonio must â€Å"understand the other side of the myth, the legends, the indigenous beliefs and the power of the earth† as well as more traditional religious beliefs (5). An apocalyptic event – the development of the first atomic bomb for use in World War II combat – juxtaposes with Antonio’s increasing awareness. According to Lamadrid, â€Å"the awareness of the characters of the apocalyptic threat of the atomic bomb†¦demonstrates a real and historical dimension of apocalypse† (500). Upon its arrival, the village women dress in mourning clothes, assert that the bomb resembles â€Å"a ball of white heat beyond the imagination, beyond hell† and lay the blame on ignorant Anglos: â€Å"Man was not made to know so much†¦they compete with God, they disturb the seasons, they seek to know more than God Himself. In the end, that knowledge they seek will destroy us all† (Anaya, 183). The village witnesses the loss of a large number of husbands and sons during the war while the state hosts the very first test of the atomic bomb. Even Antonio is affected as his brothers return from service traumatized. According to the villagers, these are all signs of an apocalypse requiring â€Å"the need for a synthesis†¦in this new time of crisis† (Lamadrid, 500). Antonio is fortunate enough to create his own synthesis by continuing his ties to the desert and La Virgen de Guadalupe, la llorona and the brotherhood of the golden carp. His cultural conflicts are settled because of his synchronicity with Ultima’s belief that the purpose of his life is to do good. Her final blessing, â€Å"Always have the strength to live. Love life, and if despair enters your heart, look for me in the evenings when the wind is gentle and the owls sing in the hills† are the words he will live by(Anaya, 247). Antonio’s maturity comes as the result of completing a journey which alternately takes him away from, and then back to, his heritage. The conflicts of warring factions in his life cause him to question the values and beliefs of each and come up with his own explanation. Rather than refusing his heritage, Antonio fuses the differences and acquires a richness of experience and strength of character. Along with this new understating, Antonio looks forward to a future based on the past but open to new possibilities – a mature outlook indeed. Works Cited Anaya, Rudolfo. Bless Me Ultima. New York: Warner Books, 1999. Black, Debra B. â€Å"Times of Conflict: Bless Me, Ultima as a Novel of Acculturation†. Bilingual Review, Vol. 25 (2), 2000, pp. 146-159. de Mancelos, Joao. â€Å"Witchcraft, Initiation, and Cultural Identity in Rudolfo Anaya’s Bless Me, Ultima†. Revista de Letras, serie II, #3, 2004. 129-134. Lamadrid, Enrique R. â€Å"Myth as the Cognitive Process of Popular Culture in Rudolfo Anaya’s Bless Me, Ultima†: The Dialectics of Knowledge. Hispania, Vol. 68, No. 3 (Sep. 1985), pp. 496-501. Stone, Dan. â€Å"An Interview with Rudolfo Anaya†. National Endowment for the Arts: The Big Read. January 4, 2007. Retrieved October 15, 2008 from the NEA website: http://www. neabigread. org/books/blessmeultima/anaya04_about. php. University of New Mexico. â€Å"Writing the Southwest: Rudolfo Anaya†. Retrieved October 15, 2008 from the UNM website: http://www. unm. edu/~wrtgsw/anaya. html.

Biotech foods essays

Biotech foods essays Campaign for Food Safety and Awareness Introduction___________________________________________________________ 3 The Project___________________________________________________________ 3 Significance___________________________________________________________ 4 Evaluation____________________________________________________________ 5 Team Budget__________________________________________________________ 6 Bibliography___________________________________________________________ 7 Supplemental Bibliography_______________________________________________ 8 Team Signatures_______________________________________________________ 9 The technological changes and innovations during the last 20 years have created a remarkable array of new creations. All living organisms are compromised of a substance called deoxyribonucleic acid (DNA), which contains genes that are the blueprint for that organism. Scientists discovered that DNA was interchangeable between organisms and created new breeding methods such as crossbreeding, gene injection, and DNA modification techniques. This allowed scientists to take desirable traits from one organism and give that characteristic to another. A genetically engineered product is one that was developed by modifying DNA. (www.aphis.usda.gov/bbep/bp/overview.html) There has been an increase in generically engineered crops over the years and they continue to rise. In 1996, 4 million acres of land worldwide were planted with these crops versus having 98 million acres with genetically engineered crops in 1999 (Frankmore, p.A-38). In 1998, 77% of the worlds genetically engineered crops were produced in the United States (Batie, 1999). Currently the United States Food and Drug Administration (FDA) does not require the labeling of genetically engineered products (Kessler, 1992, p. 1747). However, legislation is now being introduced into congress to determine how these products should be dea...

Aisha Rapant Essays (424 words) - African-American Literature

Aisha Rapant Essays (424 words) - African-American Literature Aisha Rapant Capsule 1 Song of Solomon Flipped Meanings Throughout centuries, the colors black and white have been used in literature to signify differences in situations and characters. Typically, black represents darkness, sadness, and evil, while white represents lightness, innocence, truth, and overall good. In Song of Solomon, Toni Morrison represents the two colors differently, making you understand the significance of the story. Black is considered normality, and white almost always is lead to something terrible. The characters, themselves, even represent this idea. It is very much prevalent in The Seven Days. This is a formed hate group of black men, whom the idea of whites killing blacks infuriates them so much that they reciprocate, and punish the white person the same way. To them, the same hateful acts and violence are deemed worse than if a black person initially committed it. It's not the act of violence that is seen as infuriating, it's the fact that it's coming from a white person. This sort of thought is also seen briefly through Guitar's interactions after the saw mill accident with his father. The mill's white foreman offers the family almost no sympathy or financial support. There's a general hatred seen towards the man after. Also, I see significance in Milkman's name as well. Even though his name represents purity and simplicity, him as an individual is self-centered and very materialistic, going along with the luxurious life he's lived. In addition to the characters, animals are directly related to the symbol of whiteness. Both the white bull and peacock had not so pure meaning behind them. First of all, the bull created the fate of Freddie's mother, whom died giving birth to him as she saw a police officer walking towards her that eventually turned into the white bull. The encounters between the divided subject in the book make whites seem powerful, and not in a good way. Finally, there was the incident with Milkman, Guitar, and the white peacock. Chasing, and wanting to catch this bird was a straight reference to the books epigraph, "The fathers may soar and the children may know their names." The peacock is all fancied-up; not allowing it to take flight. In this book, flight means freedom. This mainly relates to Milkman, when Guitar states, "Too much tail. All that jewelry weighs it down. Like vanity. Can't nobody fly with all that shit. Wanna fly, you got to give up the shit that weighs you down (179)."Morris on, Toni.Song of Solomon. New York: Penguin Books, 1987.

Although the foetus has no right to life, its interests are adequately protected by English law.

There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004). Although the foetus has no right to life, its interests are adequately protected by English law. There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004).