Sunday, January 26, 2020

Human Rights under Indian Law

Human Rights under Indian Law 1.3.4 Other Fundamental Rights (Unremunerated Fundamental Rights) A number of rights are not stated in the Covenant, are not even laid down in part III of the Constitution. In A.D M. Jabalpur V. S. Shukla[1] the Supreme Court by a majority of four to one, held that the Constitution of India did not recognize any natural or common law rights other than that expressly conferred in the Constitution. Though the attitude of the Supreme Court has changed especially after 1978. The courts on many occasions by accepting the rule of judicial construction have held that regard must be paid to International Conventions and norms for constructing domestic law. In Maneka Gandhi v. Union of India,[2] Justice Bhagwati in the Special Bench for the Supreme Court observed that: The expression ‘personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him; and the deprivation is effected strictly in accordance with such procedure. The following rights are contained in the Covenant on Civil and Political Rights. They are available to the citizens of India through judicial decisions, even if and though they are not specifically mentioned in the Constitution. Right to travel abroad (Article 21): The right to travel abroad is a guaranteed right under Article 12 paragraph (2) of the Covenant on Civil and Political Rights. In Sathwant Singh Sawlmey D, Ramanathan, Assistant Passport Officer,[3] New Delhi, the Court held that the right to go abroad is part of an individual’s personal liberty within the meaning of Article 21, Right to privacy (Articles 21 and 19 (1) (d)): This right is stipulated under Article 17 paragraph (1) of the Covenant on Civil and Political Rights. In Kharak Singh v. State of Uttar Pradesh[4] it was held by the Supreme Court that the ‘domiciliary visits’ is an infringement of the right to privacy and is violative of the citizen’s fundamental rights of personal liberty guaranteed under Article 21. Right against solitary confinement Right to human dignity Right to free legal aid in a criminal trial Right to speedy trial Right against handcuffing Right against delayed execution Right against custodial violence Right against public hanging Right to health care or doctor’s assistance Right to shelter Right to pollution free environment Freedom of the press Right to know Right to compensation Right to release and rehabilitation of bonded labor Right of inmates of protection homes Thus we can notice that how the rights, whether formally enshrined or not, whether available to citizens or non-citizens, form such a palpable ingredient in being able to lead a life. Moving ahead, we can focus upon the rights and bills that are specifically concerned with child rights and encapsulated to guarantee assistance to child development. This study aims to focus on the issue of child trafficking; a concern deeply embedded in the larger canvas of human trafficking which broadly includes other than child. The Article 21 (A) of the constitution of India deals with the Right to Child Education included in the Constitution by the Eighty Sixth Constitution Amendment Act, 2002. In order to make the right to free and compulsory education for a child, the Constitution’s 83rd Amendment Bill 1997 was introduced in Rajya Sabha to insert a new article 21 A in the Constitution. However, the Bill was withdrawn on November 27, 2001. On November 28, 2001 the Constitution 93rd Amendment Bill 2001 was introduced and passed by unanimous vote in the Lok Sabha, and the on May 14, 2002 in Rajya Sabha with formal amendments as 86th Constitutional amendment. Before the Constitutional process started for making the right to education a fundamental right, the Supreme Court in J. P. Unnikrishnan and others v. The State of Andhra Pradesh[5] held that every citizen of this country has the right to free education until he completes the age of fourteen years. Indeed there is not a doubt that such a right if rightly enforced, could be directly or indirectly responsible for mitigation of many problems including trafficking. The detailed discussion of child rights and timely measures adopted to safeguard childhood will not be complete without the discussion of POSCO Bill. The President of India on June 12, 2012 assented the Act. . This Act was introduced to protect children from offences of sexual assault, sexualharassment and pornography and provide for establishment of Special Courts for trials of such offences and for matters connected therewith or incidental thereto. The very same consequences of child trafficking are dealt with in such laws. It can be well noted that Clause (3) of the Article 15 of the Constitution empowers the State to make special provisions for children and in India. The wellbeing of a child are regarded as being of paramount importance at every stage, as the law operates in a manner to ensure a healthy physical, emotional, intellectual and social development of a child. Further to monitor the implementation of the objectives enshrined in the constitution the Central Government has appointed a National Commission for Minorities, a National Commission for Scheduled Castes and Scheduled Tribes and a National Commission for Women. The National Human Rights Commission (NHRC) came into being in 1993 by virtue of the Protection of Human Rights Act. NHRC has become an agency to figure with, and has carved out a place for itself in the assortment of Indian national institutions for implementation of human rights. India is also a party to the United Nations Conventions on the Rights of the child, adopted on December 11, 1992 .The convention has prescribed a certain set of standards in order to ensure and secure the best interests of the child. India being a party to this convention, is obligated to follow all the set of standards in guaranteeing such safeguards to child/children. The State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent- inducement or coercion of a child to engage in any unlawfulsexual activity the exploitative use of children in prostitution or other unlawful activity the exploitative use of children in pornographic performances and materials This Act is enacted by the Parliament to be extended to all the parts of India, excepting Jammu and Kashmir. This brings our notice to laws and Acts that extends to even Jammu and Kashmir. India is also a signatory to the UNCRC which defines the age of a child i.e. below 18 years. Countries all over the world use this definition. A child between the ages of 0-18 years is not allowed to vote, sign a contract or engage a lawyer. The Juvenile Justice Act enacted in India in 1986 (which was enacted in Jammu and Kashmir too by 1997, and the rules adopted in Jammu and Kashmir by 2007) came as beginning of the Juvenile Justice (Care and Protection of Children)Act 2000. The Juvenile Justice (Care and Protection of Children) Act 2000 is the primary legal framework for juvenile justice. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of Child Rights Convention 1989, repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified Child Rights Convention 1989 in year 1992. This Act has been further amended in year 2006 and 2010. Technically even though this Act talks about Juvenile only , it is nevertheless essential in our study of child trafficking for this age group which according to India, are also highly targeted and disregarding the technical and formal description of age, this age group (16-18) ends up being a vulnerable target to human trafficking. The Juvenile Justice (Care and Protection of Children) Act is considered to be an extremely progressive legislation and Model Rules 2007 have further added to the effectiveness of this welfare legislation. However the implementation is a very serious concern even in year 2013 and Supreme Court of India is constantly looking into the implementation of this law in Sampurna Behrua Versus Union of India and Bachpan Bachao Andolan Versus Union of India. In addition to Supreme Court, various High Courts in India, specifically Bombay High Court and Allahabad High Courts are also monitoring implementation of JJ Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration System, Government of India launched Integrated Child Protection Scheme (ICPS) in year 2009-10 whereby financial allocations have been increased and various existing schemes have been merged under one scheme. 1.4 Other Measures of Protection of Human Rights under Indian Law The Protection of Civil Rights Act, 1955 Suppression of Immoral Traffic in Women and Girls Act, 1956 Maternity Benefit Act, 1961 Dowry Prohibition Act, 1961 Equal Remuneration Act, 1976 Bonded Labour (Abolition) Act, 1976 Employment of Children Act, 1938 (Amended in 1985) The Child Labour (Prohibition and Regulation) Act, 1986 Juvenile Justice Act, 1986 Indecent Representation of Women (Prohibition) Act, 1986 Sati (Prevention) Act, 1987 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 The National Commission for Women Act, 1990 The National Commission for Minorities Act, 1992 The National Commission for Safari Karamcharis Act, 1993 The National Commission for Backward Classes Act, 1993 The Mental Health Act, 1993 1.5 Fundamental Duties and Human Rights Part IV(A) of the Constitution vests the Fundamental Duties of every Indian citizen (Article 51-A). This clause was inserted by 42nd Amendment 1976. The duties are to respect the Constitution and its institutions, to live by the noble ideals of the freedom struggle, to protect the sovereignty and integrity of India, to defend the country, to promote communal harmony, to renounce practices derogatory to the dignity of women, to preserve the cultural heritage, to protect and improve the natural environment, to have compassion for living creatures, to develop the scientific temper, to safeguard public property and abjure violence and to strive towards excellence in all spheres of individual and collective activity. In 2002 The Eighty- sixth Constitutional Amendment inserted a new clause (k) in Article 51(A) making it the duty of parent or guardian to provide opportunities for education to his child or as the case may be, ward between the ages of 6 and 14 years. In the subsequent years it appeared that parts III, IV and IV (a) of the Constitution are heavily depended upon the judiciary for their interpretation and application. The various ‘reasonable restrictions’ clauses mentioned in Part III, Article 21, and the rarely used Part IV-A have given the judiciary ample scope for reviewing the administrative and legislative action. Infact, Article 21 has allowed judicial institutions to act as a catalyst in pushing the State to implement the DPSPs with respect to the â€Å"life and personal liberty.† 1.6 Directive Principles of State Policy and Human Rights The non-enforceable rights in Part IV of the Constitution are mainly those of economic and social in nature. However, Article 37 makes it clear that despite being non enforceable it does not weaken the duty of the State to apply them in making laws, due to their fundamental nature. Additionally, the innovative jurisprudence of the Supreme Court has now read into Article 21 (the right to life and personal liberty) many of these principles and made them enforceable.[6] Reading in nutshell we can find that they demarcate the duties of the State, i.e. encompassing securing a social order with justice, social, economic and securing for â€Å"the citizens, men and women equally† the right to an adequate means of livelihood. (Article 38). They directdistribution of ownership and control of community resources to subserve the common good., prevent concentration of wealth and means of production to the common detriment , secure equal pay for equal work for both men and women, prevent abuse of labor, including child labor , ensure child development , ensure equal justice and free legal aid organize village democracies (Article 39). In Article 40, constitution sates the provision of the right to work, education and public assistance in case of unemployment, old age sickness and disability. Article 41 vests provision of humane conditions of work, whereasArticle 42 entails the living wage and a decent standard of life and so on so forth. Hence it can be witnessed that these directives aim to include the indispensable provisions for development of child and education for children amongst the other essential directives i.e. to provide for human rights and decent standard of living. 1.7 Political Rights and Human Rights India being the largest representative democracy in the world is based on universal adult suffrage, providing every Indian of at least eighteen years of age the right to vote. The Constitution of India provides for direct elections to the House of the People of the Central Parliament, i.e. the Lok Sabha and the State [Provincial) Legislative Assemblies, once in every five years.. The right to vote, the; right to contest elections, and the conduct of elections are all governed by the Constitution (Part XV) as well as special laws like the Representation of the People Act, 1951. 1.8 Judiciary and Human Rights The vanguard of human rights, the Judiciary is one of the three organ of Government in India. It performs this function by innovative interpretation of the constitution with regard to the human rights provisions. The Supreme Court in the case Ajay Hasia v. Khalid Mujib[7] declared that it has a special responsibility, â€Å"to enlarge the range and meaning of the fundamental rights and to advance the human rights jurisprudence.† The Supreme Court of India and the State High Courts have unequivocal powers under the Constitution to enforce the fundamental rights and it has liberally interpreted these powers. The major contributions of the judiciary to the human rights jurisprudence have been two-fold: (a) The substantive expansion of the concept of human rights under Article 21 of the Constitution, and (b) The procedural innovation of Public interest Litigation. 1.8.1 Expansion of Article 21 Article 21 remains the core concern in our discussions of human rights and it is essential to read it in much details. Article 21 reads as follows, – â€Å"No person shall be deprived of his life or personal liberty except according to the procedure established by law.† The expansion of Article 21 of the Constitution has taken place in two respects: The expression â€Å"the procedure established by law† was interpreted in the case A.K. Gopalan v. State of Madras[8] in the year 1950, the very first year of the Constitution, the Supreme Court in, reflecting on the intentions of the Constitution-makers, held that â€Å"procedure established by law† only meant that a procedure had to be set by law enacted by a Legislature. This phrase was deliberately used in Article 21 in preference to the American â€Å"Due Process† clause. Three decades later, in Maneka Gandhi v. Union of India case, the Supreme Court noted that â€Å"the Supreme Court rejected its earlier interpretation and holds that the procedure contemplated under Article 21 is a right, just and fair procedure, not an arbitrary or oppressive procedure.†[9] The procedure, which is reasonable and fair, must now be in conformity with the test of article 14 — â€Å"in effect it has become a Due Process.† There is no doubt that the experience of National Emergency (1975-1977) prompted the court to go all out for vindication of human rights. Since Maneka Gandhi’s case, every case of infringement of rights by the Legislature has undergone judicial scrutiny in terms of the new guideline laid down by the Supreme Court of India. Further, this case led to the establishing of the due process norm, which included rights like, right to claim legal aid for the poor and the right to expeditious trial etc.[10] The judiciary interpreted ‘the right to life and personal liberty† to comprehend all basic conditions for a life with dignity and liberty. The judiciary has interpreted the word â€Å"Life† to include the right to possession of each organ of one’s body and a prohibition of torture or inhuman or degrading treatment by Police. In the Francis Coralie Mullin v. The Administrator, Union territory of Delhi[11] case, the Supreme Court held that â€Å"life† couldn’t be restricted to mere animal existence, or physical survival. Hence it can be summed up that the right to life means the right to live with dignity and availing the basic necessities of life such as adequate nutrition, clothing, shelter and facilities for reading, writing and expressing oneself. Many cases in High Courts and the Supreme Court often revealed â€Å"a shocking state of affairs and portray a complete lack of concern for human values.† . Justice Bhagwati held â€Å"if a person is deprived of his liberty under a procedure which is not ‘reasonable’, ‘fair’ or ‘just’, it would fall foul of Article 21. The following cases will through light that how time and again this Fundamental right has come to the rescue during the violation of Fundamental Rights. In Deoraj Khatri v. State of Bihar [12]case the Police brutality was raised in which 80 suspected criminals were brutally blinded during Police investigation (Bhagalpur Blinding case). The Supreme Court condemned it as a â€Å"barbaric act and a crime against mankind.† Where as in Sheela Barse, The State of Maharashtra case, the Court was heard the plight of custodial violence against women and in judgment it laid down certain guidelines against torture and ill treatment of women in Police custody and jails. The Supreme Court has held a right to monetary compensation for deprivations of the right to life and liberty suffered at the hands of the State under Article 21. In, Paramanand Katra v. Union of India, The health problems of workers in the asbestos industry led the Supreme Court to rule that the right to life and liberty under Article 21 also encompasses the right of the workers to health and medical aid.[13] [1] A.I.R. 1976 S.C. 1207 at 1293 [2] A.I.R. 1978 S.C. 597 [3] A.I.R. 1967 S.C. Delhi 1836 [4] A.I.R. 1963 S.C. 1295 [5] A.I.R. 1993 S.C. 645 at 733. [6]Justice Sujatha V. Man3har, Judiciary and Human Rights, Indian Journal of International Law (Vol. 36, Nc1.2, 1996): 39-54. [7] A.1.R .I981 S.C. 487 at 493. [8] A.I.R. 1950 S.C 27 [9] A.I.R. 1978 S.C. 597 [10] [11] A.I.R.98.1. S.C . 746. [12] A.I.R. 1981 S.C. 928 [13] A.I.R. 1989 (4) S.C.C. 286.

Saturday, January 18, 2020

Consider Some Key Theories and Concepts of Learning and Assessment Essay

In this assignment I will explore the concept of learning and application of some learning theories within the in the vocational further education sector. I will explore the application of theories to health and social vocational topics and how this assists in developing key attributes for learners on these programmes. I will identify assessment methods and provide a critique of the validity of these in different educational programmes. Definitions of learning vary drastically. This is primarily due to the differing conceptions of what learning actually is. Saljo (1979) identified five categories of learning. It is suggested that the five categories: â€Å"†¦increase in knowledge; memorising information; Acquiring facts, skills, and methods; making sense or abstracting meaning; interpreting and understanding reality in a different way† (Saljo, 1979), conceptualise learning as process. There has been extensive debate regarding the learner’s awareness of events whilst undergoing this process. Rogers (Weilbel, 2011) identified two categories of learning: Acquisition and formalised. Acquisition learning is activity or task based learning linked to a continuous, unconscious learning process that takes place throughout life, in education and personal experiences. As it is thought of as an unconscious process, Rogers approach emphasises the lack of learner awareness during learning. Formalised learning is generally facilitated by an education professional where the learner is actively conscious of learning taking place (Colley et al, 2003). Whilst many professionals agree there are differing types of learning, the more commonly referred to dimensions of learning are often categorised into five dimensions rather than the two categories identified by Rogers. The behaviourist approach argues that behaviour is a result of environmental stimulus and the experience following the behaviour of positive or negative consequence will determine responses to the same environmental stimulus in the future. Reinforcement of positive consequences by positive praise or feedback can accelerate learning by conditioning the learners in the pattern of behaviour response to environmental stimulus (Minton, 2005). Behaviourist view learning as a step by step process and this combined with sequential praise will enable learners to associate a positive experience with learning. These behaviourist concepts have a heavy influence over the whole education system and are embedded into regulatory guidelines however lend themselves well to vocational, competency based qualifications such as the BTEC given the modular nature of the programme. The modular layout enables regular opportunity for the stimuli: behaviour response relationship to be enforced through positive achievement. Although this passive learning approach is utilised within most educational establishments, where learners acquire knowledge, constructivists argue that learners take a more participatory role in their learning and there is scope that each learner will have a differing perception of a learning experience and draw upon their own interpretation of the knowledge presented to them. Unlike the behaviourist approach where the teacher is the knowledge base, the constructivist theory places the learner at the focus of a more meaningful learning experience (Driscoll, 1994). The constructivist approach lends itself to the teaching methods applied in vocational topics. It links learners’ experience of the wider world including their vocational experience with the topics being taught. It creates opportunity for the application of learner knowledge in real life situations which allows them to build their own constructs (Petty, 2004). This approach links heavily with the humanistic approach to teaching and learning in that experiential or applied knowledge concepts foster a positive learning environment. Rodgers identified cognitive and experiential as the two types of learning. According to Rodgers, cognitive learning is meaningless and often consists of learners reciting information given; it does not rely on understanding or the application of the knowledge. Experiential learning however is closely related to vocational education in that it relies on learner’s ability to apply knowledge to situations that they have a personal interest in. In doing this, it creates opportunity for valuable learner involvement and significant learning (Beard and Wilson, 2006) In 1984, Kolb highlighted the benefits of a learning cycle developed as a result of an experience and emphasised how this not only enables knowledge transfer but it also develops skill competencies. This is particularly important in the health and social care sector as application of knowledge and vocational competency are key to the future employability of learners. The social learning theory combines elements of cognitive and behavioural learning theories. Bandura developed an approach where these two theories integrated and formed four categories of learning: observation, retention, reproduction and motivation. This learning theory relies heavily on modelling behaviours and is utilised heavily in the health and social care sector through vocational placements and induction periods where appropriate behaviour is displayed for new employees to imitate. Vocational Health and Social Care course outcomes and preparation for employment in the sector require a particular set of learner attributes and as such, teachers in this sector need to be aware of the skills set to develop appropriate to the needs of the sector and leaner. Not all learning can rely on the conditioning of learners and the cognitive approach based on constructivism argues that learning is the acquisition of not only knowledge but also skill by mental and cognitive processes. Thus learning is an active process and as teachers we need to appreciate the restraints of the assumptions of the cognitive theory of multimedia learning to assist in creating an experience which maximises the potential for learning to take place. This would include considering the auditory and visual channels, the capacity of each channel and the stages of the learning process (Mayer, 2001) Mayer (2001) highlights the importance of transferable learning and the integration of new information with prior knowledge. This is vital in the BTEC courses as the module outcomes are usually sequential and rely on the extension and application of existing knowledge Atherton (2011) however suggested that the way in which students learn is hugely defined by their motivation. The model used identifies two types of learning: deep and surface. This model associates well with the Access to HE Diploma in that most leaners are mature and have re-engaged with education purely as a stepping stone to succeed in a given career pathway. The motivation of Access learners is usually high and as Atherton (2011) suggests, intrinsic motivation of the learners will likely trigger a deep learning strategy. Although plausible, some research suggests that learning is habitual and regardless of the motivation, past experiences and approaches to learning are more likely to inform current engagement with the learning process. Discuss the key principles and concepts of assessment According to Gravell’s (2011), assessment is used to â€Å"†¦ find out if learning has taken place†. Assessment methods should be used at regular intervals throughout a lesson and informs practice, it should be used to advise future lesson planning of the same topic and subsequent lessons within the scheme of work. This is vital as if learners fail to meet the assessment; alterations need to be made to the lesson plan and scheme of work to address this before further topics can be taught. The two main forms of assessment are summative and formative. The methods used for each type of assessment and their respective aims vary. Formative assessment is usually carried out on a regular basis. It allows constructive feedback based on assessment of learner knowledge or work and acknowledges that learner’s abilities can be challenged with motivational feedback which assists in development. Summative feedback is usually a final assessment of a learner which is rigid in structure and final. Within the Health and Social Care sector, vocational education is heavily targeted towards formative assessment and tutors are encouraged by the accreditation body to provide opportunity for leaners to develop their work using formative assessment given verbally and documented on pieces of work. The assessment, accreditation and regulatory procedures placed on educational establishments impose tight restrictions on the content of teaching, expected learning outcomes, and their perception of what learning is. There are quality and validity issues surrounding assessment in every educational establishment which has a direct effect on the achievement of learners. Linked with quality assurance, standardisation and verification procedures, the consistency of tutor assessment of learning and its reliability is placed under intense scrutiny. This ensures that all learners have the same expectations placed upon them and the work produced meets the required standards to achieve the award. The concept of effective feedback in education is one which is controversial and with the best efforts, can still be misinterpreted. It is vital for teachers to be aware and have existing knowledge of appropriate feedback models which suit both learner and the programme which is being delivered (Wiggins, 2012). Feedback can be given in many forms and an awareness of the impact of these on the learner, achievement, the teacher and the college is fundamental. Feedback given to an individual may be given formally, informally, verbally, written, and be formative or summative. Learning and Assessment in Practice According to Petty (2004), there are four stages of teaching: setting aims, planning to meet the aims, delivering the session and then evaluating it. Lesson aims are usually taken from a scheme of work which is formed using the accreditation body specification. The Scheme of Work I devised was for the Research Skills Unit of the Access to HE Diploma using OCN accreditation. The OCN specification gives teachers guidelines on which aspects of the topic are required to meet the learning outcomes and the assessment methods for them. The scheme of work in place for this unit was very informal in placement and so I prepared a new version which was approved for use by my mentor. I will discuss the scheme of work including evaluation of inclusion, differentiation, embedding of key skills and actual content. I will discuss and evaluate two lesson plans from the unit and reflect on whether they produced an inclusive learning environment where there were positive outcomes of assessment of learning. The scheme of work for the research project originally lacked any activity based learning and relied upon traditional didactic approaches of tutor led presentation style lectures. Whilst this is an Access to HE course which strives to prepare leaners for experiences they may encounter in FE, being more creative with the content may provide a more valuable learning experience for learners. James and Pollard, 2006) Throughout the scheme of work there are documented sessions on 1:1 support which are used to differentiate between students The original scheme of work demonstrated poor opportunity for inclusive learning and differentiation. During the first session, I felt that the group were struggling a little with the concept of a research project and the enormity of the task ahead of them. In an attempt to make the content more accessible and less daunting, I revised the scheme of work by planning tutor led approaches, group activities, peer feedback, nominated questions and a variety of resources with links to each subsection of the scheme of work: an example of this was the use of blurb on a book to identify the concept of a summary in research. This type of planning promotes an inclusive learning environment where each learner is involved (Ashmore et al, 2010). I had planned to separate social groups to promote inclusion by encouraging integration across peer groups. This assists in learners gaining the opportunity for peer learning and developing skills around recognising and respecting diversity which is a key attribute in all health and social care sectors. To assess learning and ensure I had planned for differentiation within the group I used nominated and open questions. This allowed me to identify learners who required scaffolding whilst stretching and challenging all learners appropriate to their ability. The first lesson included in this assignment is the first session based on the introduction and overview of the unit. In this session I introduced the Word Wall ( see appendix). This was a useful tool in introducing new academic jargon which was a requirement of the learning outcomes and therefore leaners were required to utilise throughout their project. This utilised the cognitive approach as it assisted learners to guide them to relevant words, and limit individual sensory overload. As the unit has strong links to more formal academia and will almost certainly appear in most learners’ further education, it was imperative that they had a good understanding of the basic knowledge required from the start. The second lesson included in this assignment is the workshop I delivered on conducting a literature review. The original scheme of work planned for the use of a SMART board and class discussion for this lesson however this did not allow me to assess the ability of learners to conduct a literature review relating to their research topic and therefore failed to fully ddress differentiation and inclusion. My lesson plan involved tutor led starter activity where a recap of the literature review would occur and nominated questions to assess learners understanding of the variety of techniques used to narrow down their results and identify research which was of use to them. I had prepared a print out of the power point which I was unable to present due to the room restrictions: the learning resource centre is a quiet zone and so no formal presentation of the information was appropriate. To accompany this, the learners were given a step by step guide of performing a literature review with an example to follow for those who required assistance (appendix). Throughout this lesson I embedded the use of ICT and literacy skills in the form of communication, writing and reading to ensure I was supporting the development of functional skills which are extremely important. Formative assessment, verbally and documented, was used throughout both lessons to support learning and create opportunity for learners to develop their work prior to summative assessment. Methods of assessment relevant to your specialist subject area For this section I will be using examples from practice that I have been involved in: the OCN Access to HE Diploma and Edexcel BTEC Level 3 Diploma. The original scheme of work for this OCN unit was heavily based around the accreditation requirements and in doing so, was primarily focused on summative assessment. Learners were not often given the opportunity of formative assessment however this has been identified by both the learners and I as a potential learning opportunity which is being missed. Formative assessment would allow learners to reflect on and action their feedback which would enable targeted performance improvement. This would assist in the learning process for the learner and possibly also be reflected in improved achievement in summative assessment. When compiling the new scheme of work, this was considered throughout and opportunities for formative assessment and informal feedback were embedded to improve learner’s ability to build on their strengths and learn from continuous feedback rather than rely purely on summative feedback. The Access course design lends itself to summative assessment however learners on this course are often placed under increasing pressure to gain Distinction mark criteria by Higher Education establishments. Given most learners on the course are returning to education after work/life experience, it is unusual that a learner would achieve a Distinction grade especially on the first few modules. Increasing formative assessment in the first term of the course would potentially enable greater differentiation of learning and opportunity for this to be a realistic possibility. The course design of the BTEC differs greatly from the Access to HE in terms of assessment. It is widely accepted that the BTEC learners have multiple opportunity to gain formative assessment and that summative assessment of learning almost merges into formative when required: a final submission of work can be referred back to the learner with feedback which will highlight areas the learner needs to address to meet the criteria. There are possible issues with the reliability and transferability of the award. BTEC in nature is modular with each unit have a set of outcomes achievable by gaining the pass criteria and for those able, the merit and distinction criteria also. Most of the work is coursework related with few incidences of presentations, this combined with multiple attempts at achieving the outcome criteria and some FE institutions teaching purely to assessment criteria rather than teaching to enable application of knowledge/skills in the sector could possibly lead to learners achieving the award without having developed the necessary knowledge and skills as relied upon in the sector. Conclusion I feel this module has provided me with an overview of delivery and learner expectations within the education sector. Not only have I been able to gain valuable experience in delivery of programmes, I have also been introduced into the complexities of the role of an FE teacher within a large organisation. My own attributes as a trainee teacher and desire to improve the learning experiences of those I deliver to have been met with some conflict within an institution environment where values, attitudes toward the learning process and increasing learner involvement are not shared. This has provided me with an opportunity to reflect on my own values and consider my future employment options. The scheme of work, lessons planned and lesson delivery within the placement has extended my knowledge and skills of effective learning within the classroom environment and how implementing theory affects the learning opportunities and achievements of the learners. I hope to continue developing these links throughout the course to inform a more effective delivery of learning and a higher standard of teaching.

Friday, January 10, 2020

Was Bismarck’s Foreign Policy 1871-90 a Success

The Aim of this essay is to study Bismarck's Foreign Policy from 1871-90 and come to a conclusion about whether it was a success. Otto Von Bismarck born on April 1, 1815 at Schonhausen and considered the founder of the German Empire. From 1862 to 1873 Bismarck was prime minister of Prussia and from 1871 to 1890 he was Germany's first Chancellor. Once Germany was unified, Bismarck noticed that Germany was under threat of attack from other countries surrounding it. Bismarck primarily wanted to avoid any challenges against the new European order and to unite the new German state, which faced domestic opposition and great suspicion from the rest of Europe Bismarck wanted to do this, rather than seek further territory or fight more wars, which would put Germany’s unified country under a lot of pressure. Furthermore, France wanted revenge and therefore, Bismarck knew she had to be isolated. Part of Bismarck's foreign policy in which he was successful in achieving was the weakening and isolation of France. The former objective was attained by the peace settlement imposed on France by the Treaty of Frankfurt, which included a large war indemnity. The five main powers in Europe were Great Britain, Russia, France, Austria- Hungary and Germany. Bismarck knew that to isolate France, he would have to form an alliance with at least two of them. Firstly, Bismarck knew that Britain would not present Bismarck with any problems as it was more concerned with its own empire than with the rest of Europe. Also, Britain was more pro-German than pro-French and therefore wouldn’t protest at the isolation. Therefore in fear of a future two-fronted war, Bismarck managed to bring Germany, Austria Hungary and Russia together to form the Dreikaiserbund also known as the league of 3 emperors, in 1872/3. The aim of this alliance was to maintain existing borders in Europe Fight and fight both socialism & republicanism, effectively slowly isolating France. This Alliance was going well between countries and serving its purpose until there was a war scare in 1875. Bismarck had previous convictions about France’s financial situation and he thought it would be an extremely long amount of time before France could pay back the war's indemnity. However, France managed to recover quickly and German troops were forced to leave France, scaring Bismarck and fueling Rumors of a war between Germany and France. Austria-Hungary and Britain greatly disapproved of a war between these 2 countries. This put immense amount of pressure on Bismarck and he was forced to drop his ideas about isolating France until he knew that France would no longer have reasons to attack Germany. Another reason that the Dreikaiserbund was not a success was the Russo – Turkish War in which Russia was victorious in. this caused a treaty in Bulgaria to be enlarged. This did not please Britain and Austria Hungary and soon Russia, Germany, Austria Hungary and Britain were locked in diplomatic arguments. The â€Å"Congress of Berlin† left Russia very disappointed especially at Bismarck’s role (Bulgaria was divided into three small states), Russia withdrew from the Dreikaiserbund. This resulted in the fall of the Dreikaiserbund, because of the impossibility to renew it with Russia not involved and therefore showing that the Dreikaiserbund was a failure which weakened Germany's control over their foreign policies. In 1879, the Dual Alliance between Austria and Germany was formed. This was definitely a success for Bismarck. Austria and Germany agreed that if either one of them was attacked by Russia, the other will provide military support. They also decided that if either was attacked by any other European country, then the other would be neutral throughout any conflicts that resulted. Although the treaty itself was made public, the terms were kept secret. This treaty was renewed every five years until 1914. This alliance was such a success for Bismarck, chiefly because he managed to maintain a permanent ally in case of any war that Germany would be involved in. Soon after the Dual Alliance in 1881, Bismarck understood that he needed to rekindle relations with Russia and therefore created a renewal of the Dreikaiserbund. Bismarck hoped that this agreement would help to reduce tensions between Austria and Russia in the Balkans. It was agreed that the Western Balkans would be dominated by the Austrians and the Eastern half by the Russians. This was a success at the beginning because, again, Bismarck managed to keep on the right side of every country with all the alliances and this one benefitted every county involved. However, events in the Balkans were to disrupt Bismarck’s aims. Between 1885 and 1887 the Bulgarian crisis saw relations between Austria and Russia deteriorate. Moreover, worryingly there was a lot of pro French feeling in Russia. In 1887 the Dreikaiserbund ended as Russia made it clear she would sign no further agreement with Austria. However, in 1882, Bismarck created the triple alliance. This was an alliance of peace and friendship and was an extension of the Austro-German Dual Alliance to include Italy. Under the provisions of this treaty, Germany and Austria-Hungary promised to assist Italy if she were attacked by France, and vice versa: Italy was bound to lend aid to Germany or Austria-Hungary if France declared war against either. Moreover, if one of the countries should find themselves at war the others would provide assistance. However, this alliance did not have the same security and the Dreikaiserbund seeing as Italy is only considered â€Å"half† a European power. Moreover, Italy specified in the treaty that it could not be called upon to go into war with Britain. These were successes in the short term as Bismarck achieved his goals of allying with two other great powers and also kept them happy. Soon after, a re-insurance treaty was introduced due to the Austro-Russian rivalry over Bulgaria leading to the collapse of the Second Three Emperors' League. The reinsurance treaty meant that Russia and Germany would be neutral unless Russia attacked Austria Hungary or Germany attacked France. By creating this treaty, Bismarck had been able to prevent his nightmare – a two front war, from being realized. However, peace did not mean security, and so neither the re-insurance treaty nor the triple alliance can be considered as a long-term success. Throughout the years there was extreme Austro-Russian rivalry over Bulgaria According to the terms of the Second Three Emperors' League, Bulgaria was recognized as a Russian sphere of influence The Bulgarians were experiencing an awakening of national self consciousness and did not want to be dominated by the Russians. In 1885, in defiance of the Treaty of Berlin, the Bulgarians united Bulgaria with Eastern Rumelia. Russia objected to the emergence of a large anti-Russian state but Austria and Britain gave their recognition to the union of Bulgaria with Eastern Rumelia. Russia hated the Austrians for breaking the terms of the Second Three Emperors League and allowed the League to lapse in 1887. A large indication on how successful Bismarck's wereimportnatf ecn dncgreat reat foreign policies were would be the fact that once Bismarck resigned, Germany's foreign relations immediately began to fall apart. Bismarck successfully guarded Germany. In 1890, Bismarck wanted to renew the Re-Insurance Treaty; Russia was also keen on doing so. The Kaiser was against renewing the Re-Insurance Treaty because he believed he could rely on his own personal relations (he had a close relationship with the tsar, owing to them being cousins). Bismarck offered his resignation, due to his frustration and the Kaiser accepted it, but prevented him from publishing his reasons for dismissal. In 1891 there was an informal agreement between the Russians the French and French ministers visited Russia and in 1893 they formed a complete military alliance, an extremely dangerous move against Germany, and one which they would regret. In conclusion, I believe that to a certain extent Bismarck’s Foreign policy from 1871-90 was a success. For example, The Dual alliance between Austria and Germany In 1879, this alliance was such a success for Bismarck, chiefly because he managed to maintain a permanent ally in case of any war that Germany would be involved in. It seemed that Bismarck’s goal in achieving the weakening of France and isolating it was well achieved in his time. Even when it seems that his plans are failing, he finds a way around that; for example the re-insurance treaty. However, to a certain extent Bismarck’s Foreign policy from 1871-90 was not a success shown in the collapse of both Dreikaiserbund. Moreover many could argue that if one was to look at things in the long term, Bismarck was in fact not successful at all in his foreign policies.

Thursday, January 2, 2020

Independent learning Free Essay Example, 1250 words

They are normally expected to allocate a certain amount of time to studying (Candy, 1991). Time management is not only a requirement in self directed learning, it is also very important in the modern business world and in the private lives of individuals as well (Trait and Knight, 1996). Time management skills that individuals learn from their independent learning may come in handy in their places of work. In today’s business environment, time is equated to money and any second wasted is like wasting money. Proper time management is therefore vital aspect of any successful business (Quality Improvement Agency, 2008). A person with time management skills has a lot to contribute to an organization than one who has no time consciousness. Independent learning also enables people to develop self independence. When individuals have to learn by themselves, they normally do not have external assistance or someone they can rely on for help (Quality Improvement Agency, 2008). This makes them develop independence as they have to formulate their own learning strategies and determine their own learning outcomes. In other words, people who go through independent study have a level of self reliability which may come in handy in their places of work (Malta, Dimeo and Carey, 2010). We will write a custom essay sample on Independent learning or any topic specifically for you Only $17.96 $11.86/pageorder now The business world needs people who are reliable and to be reliable one has to have some level of self independence. Reliable people can be relied on to execute business operations without having to rely on external assistance. Apart from autonomy, independent learning also emphasizes on confidence and reflection. Through reflection learners are bale to think about the best learning strategies that may work for them (Trait and Knight, 1996). Reflection enables individuals to develop deep thinking capacities which are essential in the modern business environment. Reflection is what enables people to come up with innovative ideas which can be transformed into ground breaking innovations for organizations. Confidence in the workplace is also important as it enables individuals to work fearlessly in their endeavors to make their organizations successful (Beitler and Mitlacher, 2007). Independent learning also creates responsible members of society who are empowered to tackle any challenges that may come their way, at work or even in their private lives. One important aspect of independent or self-directed learning is the fact that it is an instrumental kind of learning (Malta, Dimeo and Carey, 2010).