Nigeria Labour Congress Demand for the Review of the National Minimum Wage and General Wage Review

Today, Nigerians who are lucky to have jobs are finding it increasingly difficult, if not impossible, to survive on their monthly pay. The major reason for this is that the pay of the Nigerian worker is not only one of the lowest in the world; it has also not improved as it should in the face of changes in market conditions. Workers in the public sector are particularly worse off.As huge revenues have continued to be acquired from the sweat of workers, the pay and conditions of workers have continued to deteriorate; workers have increasingly been excluded from the wealth created by their labour. In Nigeria, the difference in pay between managers and workers is not only one of the highest in the world: out of every N1 paid as wages, managers collect more than 80 kobo while workers receieve less than 20 kobo; the difference has been increasing over the years.At the same time, owners and managers of banks, top government officials and members of the political class have seen their pay a nd wealth swell ostronomically while workers have had to survive on starvation wages. Workers can no longer survive on what they earn; the situation is made worse by the fact that those who work also have to support family members who form part of the huge army of the unemployed. It has become crystal clear that there is an urgent need for an upward review of the national minimum wage and an upward general review of wages and salaries.History of wage reviews fought by workers This is not the first time that workers would be asking for a general upward review of wages and an increase in the National Minimum Wage. Between 1945 when workers staged the famous 45 days general strike for a Cost of Living Allowance (COLA) and 2007, when the demand won by workers for a 25% general wage through the Ernest Shonekan Wage Consolidation Committee was arbitrarily cut down to 15% by Obasanjo, workers have struggled at 15 times to have wages improved and a national minimum wage legislated upon.But the struggles produced notable victories for workers and the NLC, it was usually the case that: the National Minimum Wage was always set below the minimum wage needed by workers to survive. Because of the inadequacy of the wage, some state governments elected on their own to pay more. Even then, there were also some 1 state governments that pay less than the stipulated national minimum wage. The result was that workers always could not cope. The wage reviews were largely unstructured; sometimes negotiated wages were changed by government through circulars; at other times, government effected unilateral wage increases.Agreements reached with government were sometimes distorted at implementation or not implemented at all by government. For example, the 2000 Wage Review Agreement provided for a further 25per cent wage increase for workers with effect from May 1, 2001, and 15 per cent wage increase with effect from May 1, 2002. This was not implemented. Following industrial dispute over this a 121/2 percent increase rather than the 35 per cent agreement in 2000, was signed in 2003. But in the end, only an increase of between 4 and 12 1/2 per cent was implemented by the Federal Government.Although the Shonekan Committee was set up against this background and recommended a 25% increase in salaries, Obasanjo unilaterally implemented a 15% increase in 2007. Government also failed to abide by the timeframes set out for subsequent negotiations with workers. Workers always had to fight to get government to agree to collective bargaining even when the procedure was agreed in previous negotiations. Today, workers find that they have to fight yet again to get government to agree to negotiate a new National Minimum Wage and a general upward review of wages.Rationale for Upward Wage Review today There are several reasons why there must be an upward review of workers wages today. The consequence of the abdication of the agreed approach to the implementation of the phased-wage increases has been that wages and salaries are today sharply depressed and incapable of meeting the basic needs of most workers. In the last one year, inflation has intensified with the cost of living index in the urban sector increasing by over 14 per cent. The disproportionate increase (20. 9 percent) in the cost of food means that the erosion in the real wages and salaries of workers is alarmingly severe.The process of monetizing and consolidating in-kind benefits which were hitherto not taxed has resulted in an escalation of the tax paid by workers. This has further depressed the real take home pay of workers. 2 All over the world, salary increase in the public sector is underlined by the principle of equity and the need to bridge social inequality in the face of widening economic and social gaps amongst citizens of a country. In Nigeria, while workers’ salaries increased by 15 percent between 2006 and 2007, those of political office holders increased by over 800 percent. The 2008 increase in the compensation of political office holders has further aggravated the disparity (Table 1). On average, their compensation package has been doubled. We need to reduce this disparity for greater equity, productivity and morale. TABLE 1: Salaries of Political Office Holders (Pre and Post Consolidation) S/N Categories 1 Special Assistant to the President; Chief Speech Writer to the President; Chief Press Secretary to the President Members, House of Representatives; Deputy Chief of Staff TTP; Senior Special Assistant, TTP. Ministers of State; Senators; Principal Officers of the House of Representatives; Special advisers TTP.Deputy Speaker, House of Representatives; Minister; Secretary to the Government of the Federation, Head of Civil Service of the Federation, Chief of Staff TTP; National Security Adviser; Chief Economic Adviser; Inspector General of Police; Chairmen, Federal Civil Service Commission, Federal Character Commission, National Salaries, Incomes, & Wag es Commission, Revenue Mobilization Allocation & Fiscal Commission. Deputy President of the Senate; Justices of the Supreme Court; President, Court of Appeal. Speaker of the House of Representatives. HASS (Basic) 626,700 865,200 CONSS* 4,392,012 13,102,402 3 4 1,015,700 13,374,240 1,194,600 15,094,426 5 6 7 1,403,700 15,240,500 1,649,400 16,348,926 Vice-President of the Federal Republic of Nigeria ; 1,938,000 21,524,164 President of the Senate; Chief Justice of Nigeria . 8 President, Commander-in-Chief of the Armed 2,506,000 24,954,405 Forces of Nigeria . *Source: National Salaries, Incomes and Wages Commission and Revenue Mobilization Allocation and Fiscal Commission, Abuja 3 In Sub-Saharan Africa (SSA), Nigeria ought to be paying one of the highest minimum wages, given its resources and level of development.The reality, however, is that the existing minimum wage in Nigeria is one of the lowest in Africa. Table 2 presents the data for Sub-Saharan Africa. The data in the table takes adequate account of the need to adjust the wages to differences in the cost of living or what is called the Purchasing Power Parity (PPP). Table 2: Minimum Annual Wage Levels in African Countries ($USD) Country Minimum Special Notes PPP PPP-Based Wage Factor Minimum Wage Angola 1511 1. 975 2984. 23 Botswana 3011 2. 106 6341. 17 DRC 468 2. 077 972. 04 Kenya 948 2. 534 2402. 3 Lesotho 1080 For Manufacturing 1. 847 1994. 76 Madagascar 336 3. 107 1043. 95 Malawi 407 3 1221. 00 Mozambique 1177 2. 129 2505. 83 Nigeria 550 2. 274 1250. 70 South Africa 2780 Farm Minimum 1. 651 4589. 78 Wage: $975 Swaziland 1369 1. 958 2680. 50 Tanzania 1680 2. 8 4704. 00 Zambia 1147 1. 81 2076. 07 Average 1266 2674. 33 The current national minimum wage of N7,500 is far below the minimum cost of providing basic needs for the worker and his / her immediate family. Our survey shows that today the minimum cost of providing for basic needs is N58,200 (Table 2).This estimate is based on threshold hardship levels in which 6 or 8 people may be forced to live in one or two rooms and endure a dietary and living style that is most rudimentary. Additionally, it should be noted that N18,000 is allegedly spent on the feeding of one prison inmate monthly, while the estimate here is merely N20,000 for the feeding of a family of 6 per month. 4 An examination of the cost of living since the enactment of the National Minimum Wage Act 2000 shows clearly that the cost of living index has risen so much that the real value of the minimum wage set by the law has virtually been wiped out.Employing published data on the Consumer Price Index (CPI) from 2000 till July 2008, and taking into account developments in the overall economy and compensation adjustments since 2000, the minimum wage of workers in 2008 can be computed. This computation shows that in real terms, the minimum wage of workers would have to be adjusted upwards by a minimum factor of 4 in order to maintain the relative position of the least pai d worker in the national compensation structure established in 2000.Thus, the appropriate amount required in 2008 to maintain the real value of the National Minimum Wage set in 2000 would be (N11,213. 52 x 4=N44,856). Table 2: Estimated Monthly Cost of Meeting Basic Needs for a Representative Family * Item Accommodation Utilities a. Electricity b. Water c. Kerosene d. Communication Food Clothing Medical Education Cleaners, Soap and Detergents Entertainment, Recreation Communication Miscellaneous Total Cost (N) 6,000 1,000 500 4,000 2,000 20,000 4,000 5,000 6,000 1,300 and 1,000 1,500 N58,500Our Demands Based on the foregoing Congress demands: (i) A new National Minimum Wage of N52,200. This is the approximate average of the minimum wages when we take into consideration Minimum Annual Wage Levels in African Countries, the minimum cost of providing basic needs for the worker and his / her immediate family and the cost of living data. 5 (ii) that the Federal Government sets up a tripar tite committee as a matter of urgency to negotiate and agree on this, so that the National Minimum Wage Act 2000 can be amended to reflect the new amount.It is instructive to note that current negotiations on fixing a minimum wage for Ghana has recently reached preliminary agreement within the tripartite framework to adopt the basic needs approach in computing the minimum wage. (iii) an amendment to the Act to the effect that the National Minimum Wage law should apply to any establishment employing 20 or more workers, instead of the 50 workers currently stipulated by law. (iv) a general wage review; there is an urgent need to commence negotiations in both the public and private sectors so as to agree on new compensation packages. v) a wage review in the public sector based on the minimum wage computed above. Currently, the least salary in the Civil Service under the Consolidated Civil Service Salary Structure is N133,564 per annum or N11,130 per month. The new salary structure recom mended by the Congress is based on the least salary of N52,200 per month or N626,400 per annum, which is the proposed new national minimum wage. The new Consolidated Salary Structure would then be constructed so as to maintain the existing relativities in the salary structure.Sustainability and Affordability of NLC’s Demands Is the minimum wage proposed by the NLC reasonable, sustainable and affordable? Can the nation pay the new national minimum wage? The answer to both and related questions is an overwhelming YES! It is a resounding YES for the following reasons: (i) An increase in the purchasing power and effective demand of workers will increase the demand for goods and services and translate into growth for the economy. The morale, and therefore, productivity of workers will be greatly enhanced by the wage review. ii) Nigeria earns enough revenues, even with the downward slide in oil prices, to be able to pay. The problem in Nigeria is massive corruption by members of th e political and administrative elite and not lack of resources. To be sure, paying the new minimum wage will require that members of the political class cut their level of stealing of public funds. This will not be a bad thing; in fact, it will be good for the economy. (iii) If the economy can accommodate the huge sums spent on political office holders, it can accommodate a general upward review of wages and a national minimum wage as proposed.In any case, more resources should be devoted to the productive workers in any economy. Apart from political office holders, the profits declared in most areas of the private sector, continue to be massive. Even sectors which are contracting their operations continue to declare huge profits. Therefore, the public and private sectors of the economy are capable of paying higher wages. 6 Framework Proposed for the Negotiations The national minimum wage negotiations should be carried out within the tripartite framework, with workers, NECA and gove rnment represented.The emerging agreement from this negotiation should then be forwarded to the National Assembly as a Draft Amendment to the National Minimum Wage Act, 2000. At the conclusion of the minimum wage negotiation, the public service wage review negotiation should commence between labour and representatives of government, both Federal and States. Private sector negotiations should susequently take place within the existing sectoral framework of collective bargaining. On the general wages review, we wish to call on government to adopt the framework of collective bargaining, with representatives of all public sector employers, whetherFederal or State Governments, as employers, not as governments. Conclusion Congress makes these demands with great patriotism, sensitivity and responsibility. Congress holds that collective bargaining and negotiations with trade unions are sacrosanct and in consonance with the spirit of democracy. Congress calls on government to set up the nece ssary structures for the negotiations without further delay. To delay negotiations will further compound the living conditions of workers of Nigeria in the face of the alarming mass poverty already destroying their lives. February 2009 7

Legal & ethical Essay

This essay is based on a case scenario and will critically analyse the ethical dilemmas that health and social care practitioner’s encounter with regards to: implications of consent, disclosure of personal information and maintaining patient confidentiality. The legal aspects of the scenario will be discussed in relation to the breaching of confidentiality and how the Data Protection Act (1998) can conflict with other legislation intended to protect patient’s rights. In addition it will identify the consequences of non-disclosure in comparison to disclosure without consent, whilst adhering to the General Medical Council (GMC) guidelines. Finally it will explain the scenario from a utilitarian viewpoint as well as deontological perspective. Please refer to appendix for case study. In the case scenario, Dr Gomez’s patient Bob is diagnosed with Human Immunodeficiency Virus (HIV), and has been advised to inform his partner Sue of his condition. Sue is seven months pregnant with their first child. However, on a subsequent visit to the clinic, Bob has indicated he has not notified his partner or previous sexual partners of his HIV status. Dr Gomez once again tries to persuade Bob to divulge his condition, he emphasises the importance of Sue being tested for HIV, and just as importantly the necessity to assess whether the baby is at risk. Meanwhile however, Bob is still adamant he will not notify Sue and says that if his HIV is disclosed to her without his consent he will discontinue his course of treatment, which he began on the previous visit. There are guidelines and legislation in place to assist the health and social care professional in making decisions. The law (GMC, 2001) states doctors are legally committed and duty bound to maintain their patient’s confidentiality. In this scenario the doctor is presented with both an ethical and legal dilemma. According to Sussex et al (2008) an ethical dilemma arises when there is no clear solution to a problem. The ethical dilemmas that Dr Gomez is concerned with are the wellbeing of Bob, Sue, the unborn child and Bob’s previous sexual partners and finally the legal dilemma is the possible breaching of Bob’s confidentiality by informing Sue of her partners HIV status. Gallant (2008) describes HIV as a virus which attacks the immune system, thus weakening the ability to fight infections and disease, eventually the body becomes incapable of fighting off infection and this is when the Acquired Immune Deficiency Syndrome (AIDS) develops. Gallant goes on to say there is no cure for HIV however, if the condition is  detected in the early stage, there is available treatment which help the infected person live a longer life than they would without intervention. Kourtis and Bulterys (2010) declare HIV can be transmitted through unprotected sex and also from mother to unborn child. From that information it could be argued that if the doctor did not inform Bob’s partner of his condition then it could have serious health implications to her and the unborn child. Thorne & Newell (2005) suggest that if the mother was already infected the virus could be spread to the baby through several ways, such as; via the placenta, during a virginal birth or when breast feeding. The GMC (2001) states that confidentiality is an important duty but not absolute, and they further outline the behaviour expected by medical professionals. In addition they state personal information can be disclosed without consent in exceptional circumstances such as, when disclosure is of interest to the public because they or the patient may be at serious risk. The National Health Service Act (2006), section 251 (Legislation 2006) mirrors the GMC by stating that confidentiality can be breached when a healthcare professional makes the decision to protect others, this is re-enacted in section 60 (1b) of the Health and Social Care Act (2001) (Legislation 2001). In addition Aidsmap (2010) indicates the Health and Social Care Act (2008) made changes to the Public Health (Control of Disease) Act (1984) by adding Part 2A. The article goes on to say the updated Act introduced what is known as the ‘all hazards’ approach in relation to public health powers. This means instead of specifying in law a list of infections to which public health powers can be applied, any infection could be subject to public health powers if the infection ‘presents or could present significant harm to human health’ and if the infected person ‘might infect others’ [Part 2A section 45G]. This implies Dr Gomez has a duty to breach his patient’s confidentiality and inform Sue of Bob’s condition. However, these afore mentioned Acts infringe article 8 of the Human Rights Act (1998) (Legislation 1998) which states patients have the right to have ‘respect for private life and family life.’ Leading on from that; it is vital that health professionals are aware of their legal, ethical and professional position as Mason et al (2002) implies confidentiality is at the heart of the code of ethics for medicine. For these reasons it is imperative professionals working in this field are aware that article 8 of the Human Rights Act (1998) can be cancelled out by both the Data Protection Act (1998) (Legislation 2012) and the Public Interest Disclosure Act (1998) (Legislation 1998). Eckstein (2003) indicates that the Data Protection Act (1998) (Legislation 2012) gives guidance on the use and storage of confidential information and also states the circumstances when confidential information can be disclosed in order to protect others so long as the action of disclosure can be justified. The Medical Protection Society (2012) states a justifiable reason for breaching a patient’s confidentiality would be when a patient has a communicable disease and is in jeopardy of putting others at risk. Legislation is not the only factor which influences decision. Hepworth et al (2011) indicates that it is important that professional healthcare workers understand they could intentionally or unintentionally be prejudiced by their own ‘personal’ values. The Oxford Dictionary (2001) defines ‘value’ as: the worth, desirability or utility of a thing, or the qualities on which these depend. Therefore before making a decision on what to do, Dr Gomez will have to ensure that his ‘personal’ values will not influence his decision or more importantly conflict with his patient’s values or legislation. Clarke (2000) cited in Holland (2004) suggests a doctor may feel responsible for his patient refusing treatment if he discloses without permission, as the patient is his first priority and must come first. At the same time Dr Gomez could equally feel a conflict of responsibility towards Sue and her unborn child, firstly because if she is not told of the situation and then at a later date she and their child are diagnosed with HIV, it would mean that their HIV status may be more advanced with the prolonging of treatment. Secondly the child may well have not transmitted the condition if there had been an early prognosis. On the other hand if Bob discontinues with his treatment it could have devastating and irreversible effects. As reported by The AIDS Beacon (2011), consequences of interrupting or stopping treatments can have a detrimental effect. They indicate those who interrupt treatment are more prone to opportunistic infections as well as HIV related illnesses such as shingles, Candida infections, and Non-Hodgkin’s Lymphoma, than those who had no treatment interruptions. Furthermore, they conclude patients with treatment interruptions have a slightly higher HIV-related death rate compared to those with no interruptions. According to the GMC (2001), Dr Gomez is duty bound to respect Bob’s right to choice in refusing treatment. Jackson (2006) implies two of the most important core principles when working in medicine are obtaining consent and respecting the patient’s autonomy. Whilst Beauchamp and Childress (2001) describe autonomy as being akin to self-governance, for example being able to understand, reason, deliberate and have the capability to independently choose. To apply their definition to this situation Dr Gomez should once again try to persuade Bob to confide in Sue, whilst informing him of and ensuring he understands the risks he imposes to her, the unborn child and himself if he discontinues treatment, thus empowering Bob to act autonomously through understanding, taking responsibility and control of his situation. Beauchamp and Childress (2001) further argue that some people fail to self-govern in some situations because of restrictions caused by illness, depression or ignorance. If after giving all this information to Bob and he still refuses to confide in his partner, it could result in the forcing of the doctor to act in a paternalistic manner, meaning that he will have to make the decision for Bob. This according to Jackson (2006) would infringe on Bob’s right to autonomy. Leading on from this, it is equally important the doctor should explore the reasons as to why Bob does not want to disclose to Sue. According to The Free Dictionary (2009) to give consent to something; means that the patient must agree to the medical professional sharing their medical history. Research conducted by Cameron et al (2005) suggests that a person with HIV, reasoning for withholding consent could be due to the fear of rejection by their partner, they go on to imply that a HIV impaired person is not withholding out of maleficence but rather that the patient may be trying to balance deontology with utilitarianism. Bernat (2008) states, Kant was the founder of the modern school of deontology and he goes on to define deontology as an ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules, rather than based on the consequences of the action. Kant believed that we should never tell a lie no matter what the consequences. According to Morrison (2009) critics of Kantianism argue that deontology is inflexible as it means that an action is either right or wrong, with no ambiguity whatsoever for example; lying is always wrong, even if the lie is to avoid hurting someone’s feelings. Ross (1994) cited in Littleton and Engebretson  (2002), argues that deontology is insufficient to guide all decision making in ethical situations. Mill (2009) believes that utilitarianism is when a morally right act has to bring about the greatest happiness for the majority of people. Though he did express that if an act was carried out for the purpose of good intent but later that act concluded with a negative impact then it would be deemed immoral. Both utilitarianism and deontology theories have strengths and weaknesses. Williams a critique of utilitarianism (Smart and Williams, 1998) argues that happiness is an emotion which cannot be quantified or measured and that utilitarianism means any action could be deemed moral in the pursuit of happiness such as genocide, torture and killing innocent people. Holland (2004) states that when balancing the rights and wrongs of a situation it is known as performing a utilitarianism calculation. This process is achieved by considering both utilitarianism and deontological perspectives when making an ethical decision. Morrison (2009) states that Kant believed a moral person is one who would be honest and considerate and therefore he would argue that the doctor would also be acting immorally by wanting to disclose to Sue and thus breaking Bob’s rights to confidentiality. Whereas from and utilitarian perspective Mill (2009) would argue that Dr Gomez should breach Bob’s rights in order to protect Sue and their unborn child as it could be argued that Dr Gomez would be doing this for the greater good of many. In addition if Dr Gomez did not inform Bob’s partner of his HIV condition then he would also be breaching the General Medical Councils guidance, as stated previously. This failure could then lead to Dr Gomez being disciplined, as he is duty bound as a doctor to protect others from serious communicable diseases, which is a justifiable reason for breaching the confidentiality of a patient (GMC 2001). At the same time it could be reasoned Bob does not want to disclose to Sue because of fear of discrimination. The Terence Higgins Trust website (2012) states that a 2010 survey revealed 66% of the public believed that there is still a stigma attached to HIV. The findings go on to say that a huge majority of discrimination is found within the National Health Service, encountered from the likes of healthcare workers, dentists, general practitioners and hospital staff. It continues by saying HIV prejudice can compromise personal relationships and that fear and isolation can lead the infected person to mental health issues such as depression. The website  goes on to express that these findings are supported by a 2012 study which highlighted one in four HIV infected people had a current depressive disorder. The article further goes on to suggest that legislation such as the Equality Act (2010) (Legislation 2010) gives people living with HIV protection against discrimination but also argues that it does not always stop injustices, and when discrimination occurs it can be expensive to take legal action, especially with the current government cutting back on the legal aid budget. When it comes to making a difficult decision it could be argued that health and social care workers need the support of colleagues. Doctor Gomez may which to seek advice to help guide him in the situation, and the medical practitioner under the GMC (2001) guidelines is within his rights to discuss the situation with a colleague so long as this is done anonymously when consent is not given. This means that in accordance with the Data Protection Act (1998) the name, date of birth, gender, address and contact detail should remain confidential. However, Dr Gomez still needs to protect his patient’s wishes to confidentiality even when consulting with another medical professional for example, Bob’s General Practitioner (GP). Although HIV is infectious it would not be deemed as putting the GP at unnecessary risk by not disclosing, as universal precautions, such as protective gloves, are in place to protect individuals from infection, this indicates that if the GP follows these precautions they will be safe from contracting the infection (GMC, 2001). As previously mentioned HIV can be spread from mother to unborn child, this is another important reason why either the doctor or Bob need to inform Sue, for both her and the child’s health and safety. Porter et al, 2003, cited in Thorne and Newell (2005) convey the findings of a 2003 study, which indicated that two million women became newly infected with HIV mainly through heterosexual transmission and that 630,000 children acquired the infection mostly through mother-to-child transmission in the same year. The article continues by stating that without antiretroviral therapy the median time between primary infection and the development of AIDS is approximately ten years, and AIDS to death around two years. Thorne and Newell (2005) further states and highlights that the use of antiretroviral therapy substantially delays the progression of HIV and are highly effective in reducing the transmission from mother-to-baby. In addition it also recommends the baby be delivered  via an elective caesarean section, before the onset of labour and membrane rupture, furthermore it advocates the use of formula feed rather than breast feeding. Finally, Thorne and Newell (2005) reveal that since 1999 all pregnant women are offered the option of being tested for HIV as part of their antenatal care, again this emphasises the need for Sue to be aware of her partners condition so as she can make an informed decision as to whether or not she should be tested. If Sue has not contracted HIV yet, she is still at great risk of doing so as HIV is spread through infected semen (NHS Choices, 2012), she and Bob may well be having unprotected intercourse due to her already being pregnant; as it is not necessary for them to use contraception to prevent an unplanned pregnancy. All this suggest Dr Gomez would be advised to take the utilitarian perspective in the case scenario, as there would be too many consequences for him if he took the deontological approach. He could not legally or morally justify non-disclosure. Finally, according to Rowe et al (2001), who carried out a study, on behalf of the World Health Organisation, in order to identify any inequalities within the treatment of patients, suggest it would be advisable for the local authorities to perform a Health Needs Assessment (HNA) of the local community. They explain the stages as a process which describes the health of the population, highlights major risk factors and causes of ill health and identifies the actions which are needed to address these issues. Rowe et al go on to recognise Bradshaw’s taxonomy of needs (Bradshaw 1972, cited in McLachlan 1972) they convey these needs as ‘normative’, for example the medical definition of HIV. The ‘felt need’, such as the need to have advice on having safe sex, the ‘expressed need’ for instance seeking advice about safe sex and finally the ‘comparative need’, offering a service that gives guidance on safe sex, only to those of a legal age. Rowe et al go on to argue that HNA is an important way of identifying inequalities within the local community. This essay has critically analysed the ethical aspects of a case scenario which was based on the breaching of patients confidentiality. It reflects on the importance of consent and disclosure of confidential information and in addition it presents a balanced argument for potential harm of non-disclosure to all parties involved. Furthermore it has discussed and critically analysed the principles of legislation such as the Data Protection Act 1998 and the conflicts that arise through other Acts, in  particular the Human Rights Act 1998 and the Equality Act 2010. Penultimately this essay discusses how the use of the utilitarian and deontological perspectives can help an individual to formulate a legal resolution. Finally the case scenario emphasises the necessity for codes of conduct and legislation in a health and social care setting. These are in place to guide the professional to act in an appropriate legal and ethical manner.

Brand Extension Essay Example for Free

Brand Extension Essay Brand extension is a marketing strategy according to which a company marketing a product or a service launches a new offering (product or service) that is related to the one of the existing brands of the company, but offers different benefits and/or targets a different segment. Organizations use this strategy to increase and leverage upon their brand equity. When a firm is introducing a new product, it has the following 3 choices on branding: 1. Developing a new brand for the new product 2. Using the existing brand for the new product 3. Combining the new brand and the existing brand The use of 2nd and 3rd strategy is referred to as brand extension. Brands may be classified as one of the following: Parent Brand: If an existing brand gives birth to a brand extension, it is referred to as parent brand. Sub Brand: When a new brand is combined with an existing brand, it is called as sub brand. Family Brand: If a parent brand has links with multiple brands through brand extensions then it is called as family brand. There are a large number of ways in which brand extension can be accomplished. One of the vital differences is if the extension is in the same or different category of the product. Thus they can be classified as: vertical or horizontal extensions. Vertical extensions refer to the introduction of a related brand in the same product category but having a different price and quality balance. Vertical extensions offer the firm a quickest way to leverage upon the core product’s equity. As an extension strategy, vertical extension is widely practiced in many industries. For example, within automobile industry, the various brand models attempt to offer different price-quality bundles to attract various market segments. Often a product is extended in an attempt to just gain more of the market share. New product introductions using vertical extensions can extend in 2 directions, upscale and downscale vertical extensions. The vertical brand extension is that type of new product introduction that seems to be carrying less risk and seemingly having more appeal to management. The new product which is being introduced is in the same category as the parent product; aims at a same market segment as the parent, and may or may not enjoy the same acceptance as the parent. Upscale extensions involve a new product introduction by the firm with higher price & quality characteristics than the original product. It involves a new product introduction with lower price & quality characteristics than the original. Downscale vertical extensions may target sampling to a new segment, and bring some gain in market share. Generally, horizontal brand extensions either use or extend an existing product’s name to a new product in the same product category or to a product category new to the organization. There are 2 types of horizontal extensions which differ in terms of their focus area. They are termed as line extensions and category extensions. All the customers differ in terms of their usage needs. The brand has to fill the market with variety of products as per the needs of the segments. If a parent brand is used to brand a new product that targets a new segment in the market within the same product category that was previously served by the parent brand, it is called as line extension. Line extension leads to the addition of a new and distinct flavour or ingredient to the category. It sometimes might also lead to a new application for the brand or an introduction of a different form or size. For example, Bisleri is the pioneering brand in category of mineral water. Originally, Bisleri started off with 1 ltr bottle. But recently, the brand has launched bottles of different sizes and quantities. Brand Extension. (2016, Dec 08).

Did DB Cooper Get Away With It Research Paper Example | Topics and Well Written Essays - 1000 words

Did DB Cooper Get Away With It - Research Paper Example This research will begin with the statement that on the day before Thanksgiving 1971, one of the most famous airplane hijackings in US history took place in the skies over the Pacific Northwest. In the over forty years since, the â€Å"DB Cooper† case has continued to rivet the nation’s, if not the world’s, attention. Since no corpse was ever found, the question remains. Wednesday, November 24, 1971, a man calling himself Dan Cooper bought an airline ticket from Portland, Oregon, to Seattle, Washington and soon boarded Northwest Orient Flight 305. The man was generally described by witnesses as a normal looking fellow, possibly early forties, and wearing a black raincoat over a dark business suit. The aircraft was a Boeing 727 and the flight was a normally uneventful half-hour trip. According to retired FBI agent Ralph Himmelsbach, the lead investigator on the case, in his book Norjak: The Investigation of D.B. Cooper, shortly after takeoff, just before 3:00 PM, Cooper passed a note to the flight attendant, stating he had a bomb and the plane was being hijacked. Although frightened, she asked to see his bomb and he showed her his briefcase which was full of some odd red cylinders with a cylindrical battery that she assumed might have been sticks of dynamite. The stewardess then told their conversation and showed the note to the cabin crew, who dutifully relayed the information to Federal Aviation Administration (FAA) officials in Seattle.

Strategies mplemented to assist the labouring woman progress Essay

Strategies mplemented to assist the labouring woman progress - Essay Example Midwives are making a very important input to interdisciplinary attempts to encourage normal birth as well as reduce the nervousness that frequently encircles maternity care these days. Confidence in the normal childbirth procedure is essential for the beliefs as well as practice of midwifery, â€Å"the language midwives speak and the care they provide to women† (Walsh, 2007). For midwives, the idea of normality is within the physiology of labor in addition to the ability of women to give birth with their individual control. Women looked after by midwives are always more apt to labor with no main interference and analgesia or anesthesia, and expected to have a natural vaginal birth. Latest research in Australia as well shows that when midwives are actively involved with the health care system, midwife-attended deliveries, both at residence as well as in hospital, require considerably lesser rates of interference and, simultaneously, quite low rates of â€Å"maternal and neona tal/perinatal morbidity and mortality† (Reuwer et al, 2009). Likewise, midwives appear to attain related normal birth results with women all over the socio-economic scale, within countryside as well as secluded locations in addition to large metropolitan centers. 2. Women Centered Care Woman centered care is a notion that indicates that: It is concentrated on the woman’s personal exceptional requirements, hopes and objectives, instead of the requirements of the associations or occupations concerned It identifies the woman’s rights of independence with respect to preference, power, and stability of care from recognized caregiver(s). It includes the requirements of the infant, the woman’s relatives, her spouse and society, as recognized and discussed by the woman herself It pursues the woman â€Å"across the interface between institutions and the community† (Coad & Dunstall, 2011), during every stage of pregnancy, delivery and the postnatal phase. Hen ce, it entails group effort with other health care experts when required It is holistic when dealing with the woman’s communal, expressive, physical, psychosomatic, sacred and cultural requirements as well as beliefs. 3. Strategies for Promoting Normal Birth 3.1 Continuity of Care It is the practice of guaranteeing that a woman identifies her maternity care givers and gets care from the similar source, or small team of providers, during pregnancy, labor, delivery as well as the postnatal phase. This relationship helps in the normal release of oxytocin hormone. Oxytocin creates sentiments of affection as well as selflessness; no matter what facet of love one thinks about, oxytocin is involved. Oxytocin is formed in the hypothalamus, deep within our brains, and â€Å"stored in the posterior pituitary, the master gland† (Fahy et al, 2008), from where it is discharged in pulsations. In the normal procedure, oxytocin appears in waves causing ‘rests and bursts’, facilitating to increase the endorphins in return. During the last part of the second phase, oxytocin has an enormous spike. Nothing of this sort takes place with the synthetic procedure, its â€Å"pump driven and adding nothing to the body’s natural pattern† (Conrad & Gallagher, 1993). Oxytocin is released in huge amounts during pregnancy, as it works to improve nutrient inclusion, lessen anxiety, and preserve energy by creating the feeling the sleepiness. Oxytocin as well creates

Prevalence and detection of depresion among aged care residents with Essay

Prevalence and detection of depresion among aged care residents with cognitive impairment - Essay Example However, there is treatment for depression, the preventive nature is always best for any ailment and if the depression could be prevented, that will be an important issue for analysis. Though, cognitive impairment is not hindrance in detecting depression, the alertness of use of antidepressant medicines is low in older people prescribed for the treatment. The consideration of cognitively impaired people equal with normal people adds additional importance to the study and analysis. The reasons for not detecting the depression in old people are also important. One of the implications of later life depression is the irrational thinking resulted due to depression. The depression influences the irrational thinking and as a result the rational approach can be damaged. This is the result of personality styles at older age are distinctly related to depression. The study of Leon Hyer et al revealed that the irrational thinking and cognitive impairment affect the personality styles. (Leon  Hyer et al, 2005) As the depression influences the irrational thinking, it can have negative implications on psychology of the older people. Even though, there are some factors that are not affected by the depression and irrational thinking, the resultant irrational thinking due to depression is an implication on psychology of the older people. The detection of depression and its psychological depend on methodology adopted. Testing before and after recovery, is one of the powerful methods of identifying the cognitive impairments and depression. The important concern about methodology is about using inappropriate definitions about the extent and nature of depression. The inappropriate definitions may lead to the illusion of recovery of patient, despite poorer performance at baseline memory measures. Another methodological concern is about age, microvascular disease and cognitive impairment in depression. As age

The Johnsonville Sausage Co Essay Example | Topics and Well Written Essays - 750 words

The Johnsonville Sausage Co - Essay Example Johnsonville commits itself to the development of their employees, and in return, expects personal growth and superior performance from them. The company's core values of integrity, commitment, innovation, continuous learning, and teamwork are the foundation that has enabled Johnsonville to manage their tremendous success. These values are clearly demonstrated in the way the business is organized and the employees empowered. The underlying principle that drives the management philosophy of Johnsonville is "to make people better, not to make the business better" (p6). "We do two things here - make sausage and sell it" (p7) is the guiding principle for the structuring of the organization, all functions are divided into two streams, depending upon whether the job they do falls in the "making" or "selling" category. With such a clear vision Johnsonville has found an elegant solution to evolution of a simple and effective business structure. The achievement of competitive success through people involves changing the basic way of how we think about the workforce and the employment relationship. It means achieving success by working with people rather than "getting things done" by people. The answer lies not in defining and limiting the scope of their activities but in allowing them to define their work commitments and targets for themselves, with the organization playing the role of a provider of resources and coaching. It entails seeing the workforce as a source of strategic advantage, not just as a cost to be minimized or avoided. Johnsonville recognized that if it wanted to become a major player, the company had to redefine how it valued and recognized its resources. Instead of raw materials or physical assets, knowledge is now recognized as the major source of wealth and the basis for competitive advantage. But to leverage knowledge assets, we must fundamentally transform the way we organize and use this resource. Those organizations, which can create a team-based structure and culture, become significantly more profitable as a result; Johnsonville is a prime example. Present Issue: At this moment Ralph is faced with a question of whether he should accept the order for private-label sausage manufacture from Palmer Sausage (Palmer). The order represents a sea change in the status of Johnsonville Sausage since it will involve a 25% jump in sales from an obviously profitable venture. However, his concerns as to whether this can be handled in the existing set-up of the company also appear justified. Analysis: One may look at the history of the company's financial performance and success. The question that may be raised is whether this growth rate can be sustained. From details provided, one can see that the production capacity is fully utilized and, except for the seasonal variations, the sales have also reached saturation levels. Seasonal variations are not within the control of the company in any case. Market share growth is also likely to be difficult with the main product of the company, the bratwurst, already enjoying a 46% market share; other products also do not appear to present many opportunities as well. In addition, one finds reference to the beginnings of restlessness among the work force also. Specific reference may be made to the passage on page 12 where some workers are

Marketing Principles of Tesco Plc Essay Example | Topics and Well Written Essays - 1250 words

Marketing Principles of Tesco Plc - Essay Example In the paper, a proposal on how Tesco can position a product in a new market will be examined. The microenvironment mostly consists of the various factors that impact the company’s operations directly or indirectly especially from an internal perspective. A rivalry is one of these factors. Tesco has several rivals in the business such as Morrison and Sainsbury’s and needs to keep its position in the market. They have to make sure that their quality, pricing, products, and convenience keep them above their competitors. This is because these are some of the strongest factors that may drive profits to zero if not looked into carefully. A threat of substitutes is another factor that needs to be considered. This is because the products may be sourced from other companies in the same business environment and this would reduce its attractiveness to its clientele. It is, however, benefiting from its bulk purchases since it gets its products at cheaper prices and with greater be nefits trickling down to the clients at the end of the day. Suppliers also determine how a company fairs. This is a horizontal factor that needs to be highly regarded. It affects the production costs and eventually the pricing. They have, however, maintained a tight grip on their suppliers which has made it difficult for the suppliers to look for alternatives. They take bulk orders which the suppliers’ desire and thus making it possible for Tesco to regulate the prices to suit their clientele. The threat of a new entrant poses considerable danger to the company because it has the ability to influence profitability and control the market share. To counter this, they engage in expensive advertising which makes it difficult for the smaller or new companies to match.

Case study 1 Example | Topics and Well Written Essays - 1000 words

1 - Case Study Example Here the factor based on which the division has been made are not only the economic ones but also the knowledge of the people about the importance of healthcare in daily life. GE is one of the leading organizations in the world in the healthcare market and they consider India as a great prospect in terms of healthcare product and services. As the consumer good companies already started to gain huge profit from the bottom of the pyramid, and now, it is an opportunity for the medical technology and device manufacturers to grab that opportunity by reaching out to the segment with the low-cost products that can help them to capture the high percentage of untapped rural, semi urban market in India. Since the rural markets and under-penetrated semi urban markets continue to hold a promise, GE wants to the pioneer in capturing this market. This trend has been driven by the fact that getting help from the healthcare services and avail the opportunity of getting treated by the high technology product is a challenge in the rural and semi urban part of the country, particularly for the low socio-economic class and rural customers (Mukherjee, 2011). At present in the world most of the people dies due to cardiovascular disease. More than 80% of the patient sufferings from heart disease in the world are from the low income countries and in India only; over 2 million people are suffering from heart disease. Report suggested that by the 2015 India will be having over half of the world heart patient. The expensive EEG machine is only for the top end customers and countries, but as in India most of the heart patients are from semi urban or rural areas, low cost product to detect their disease can easily capture the market. So for GE it is a best opportunity and right time to look capitalizes on the bottom of the pyramid. As they are having the biggest R & D center in India and

Administrative law Essay Example | Topics and Well Written Essays - 1000 words

Administrative law - Essay Example isability act it is deemed statutory that individuals with such incapacitation be assisted and financed to enhance their ability to attain their potential with sustainable resources. Barry was therefore, referred to the social department of Gloucestershire council on 15 September which adequately assessed her needs and made arrangements to provide her with the services (Aden Chambers, 2010). As assessed he was to be supported with home care support for shopping, pension, laundry and cleaning services and provision of meals on wheals 4 days a week. She used to receive routine visits from the department officials where nearly after some time her needs were re assessed and identified to be the same. However, on 29 September 2004 after the review she received communication from the department stating a drop on some key services offered by the local authority citing lack of sufficient funding from the central Government (Diamond 2009, P, 345). This solidly initiated the need for legal red ress to enable provision of entire services by the department. The case was heard and determined by judges as analysed below (Aden Chambers 2010). In his outset assertion based on legal provisions of the land, Judge Lloyd categorically stated that the local department had a statutory duty of providing disadvantaged individuals with necessary life essentials (Pumwar and Peloquin, 2011, p. 63). Although he ruled that the local council had no power to regulate percentage resources allocated by the central Government, he noted that local authority had an obligatory duty to discharge and that their resource constraints had no bearing. He state that once the assessment and amicable agreement was done the department in whatever state should have not reneged from providing the services to Barger (Kaldor, 2003, p.56). He stated in his ruling â€Å"The defendant’s actions were unlawful for the reason that on the sole basis of having exhausted available resources, withdrawn services previously

Significance of Literacy Essay Example for Free

Significance of Literacy Essay Good afternoon my fellow students, and to our beloved teacher, Mrs. Leny Ibon. For you, what is literacy? Is it really important in one’s life? How can it help everyone? Well these questions will be answer by this speech. So please, lend me you ears in just a few minutes. For me, literacy is all about possessing the skills of reading and writing. Reading and writing is the right of everyone. By studying, people upgrade their mind about literacy with the help of the teachers. Reading and writing are the basic skills discussed and developed by the teachers because these are the major part in students’ life. In reading, the instructor or teachers teaches first the alphabet. They are training the children to read perfectly. In writing, the teacher train the students to write beautifully and legibly. Literacy is important in one’s life. Because, by reading and writing you can know what is good or bad. Based on the second paragraph, literacy is the basic studies of the students. If you don’t know the basic, you can’t go to the next topic because it will cause a suffering on you in the reason of it is hard. If you know about this, you can also understand how to use languages properly. When you’re knowledgeable, you can easily get job after you finish your studies that will lead you in a better life. It is also important in our life because if we know about literacy we will also know the right of everyone, the laws and the freedom of speech. Reading and writing can help us to get many information. As I said, if we go to school, the faculties will teach us the good manners and attitudes. After we graduate from high school and college, of course we will look for a job. When we get a job, we can moderately show our good attitudes based on what your parents and teachers teach you. All of these starts on literacy. That’s how literacy helps everyone. As I conclude, literacy is important and it can help us everywhere and everything. For me, literacy has good effects depends on the person if he or she doesn’t think of being lazy. It also has a good effects if we’re going to use it in a right way of living. God gave us knowledge ang wisdom to live in accordance to His will. That’s how literacy is so important. So we need to pay more attention on this matter. We also need to pursue our studies and reach our goal. Literacy is the key to our success.  thanks ..

National Health Policy Of India

National Health Policy Of India The National Health Policy of 1983 was announced during the Sixth plan period. The National Health Policy (NHP) in light of the Directive Principles of the constitution of India recommends universal, comprehensive primary health care services which are relevant to the actual needs and priorities of the community at a cost which people can afford (MoHFW, 1983, 3-4). It recommended the establishment of a nationwide network of epidemiological stations that would facilitate the integration of various health interventions. It set up targets for achievement that were primarily demographic in nature. The NHP 1983 stated that: India is committed to attaining the goal of Health for All by the Year AD 2000, through the universal provision of comprehensive primary health care services. This goal was in line with the 1978 Alma-Ata conference of the WHO. Some of the policy initiatives outlined in the NHP-1983 have yielded results, while, in several other areas, the outcome has not been as expected. National Health Policy of India 2002 The results of the 1983 policy have been mixed. The most noteworthy initiative under this policy was a phased, time-bound programme for setting up a well dispersed network of comprehensive primary healthcare services. However the financial resources and public health administrative capacity which it was possible to marshal, was far short of that necessary to achieve such an ambitious and holistic goal. The outcomes have been far less than targets as NHP 1983 was a set of broad-based macro-level recommendations spanning not only the health sector, but also sectors associated with other contributors such as water supply, sanitation, environment, nutrition, etc. to the health status of the population. Thus against the above backdrop the existing health policy was modified in 2002 and the National health policy 2002 was formulated. The National Health Policy 2002 renews its commitment to expeditiously control communicable diseases, eliminate a few and contain the rest in a time-bound manner. Some of the time bound goal this policy expects to achieve are shown in the table below: Goal Target Dates Eradicate polio and yaws 2005 Eliminate leprosy 2005 Eliminate kala-azar 2010 Eliminate lymphatic filariasis 2015 Achieve zero level growth of HIV/AIDS 2007 Reduce mortality by 50% on account of tuberculosis, malaria and other vector and water-borne diseases 2010 Reduce prevalence of blindness to 0.5% 2010 2010 Reduce infant mortality rate to 30/1000 and maternal mortality rate to 100/100000 2010 Increase utilization of public health facilities from current level of 75% 2010 Establish an integrated system of surveillance, national health accounts and health statistics 2005 Increase health expenditure by government as a % of GDP from the existing 0.9% to 2% 2010 Increase share of Central grants to constitute at least 25% of total health spending 2010 Increase state sector health spending (from 5.5% to 7% of budget) 2005 Further increase state sector health spending to 8% of budget 2010 In this essay we analyse the national health policy by addressing the following questions: Have the tasks enlisted in the 2002 NHP been fulfilled as desired? Did the 2002 NHP sufficiently reflect the ground realities in health care provision? And lastly, what are the gaps in national health policy formulation and what is the road ahead for the health policy of the country? Achievements of the NHP 2002: India achieved the lowest ever polio transmission levels in 2010, especially during the high transmission season. Also a sharp decline was seen in number of polio cases reported with only 633 polio cases reported in November 2010 compared to 633 cases in 2009 Adult HIV prevalence at national level has declined from 0.41% in 2000 to 0.31% in 2009. The estimated number of new annual HIV infections has declined by more than 50% over the past decade. According to data from National AIDS Control Organization, there has been an overall reduction in adult HIV prevalence and HIV incidence (new infections) in India. Leprosy Prevalence Rate has been further reduced to 0.71/10,000 2010. 32 State/UTs (except Bihar, Chhattisgarh and Dadra Nagar Haveli) have achieved elimination by March 2010. Similar progress of elimination has also been in 81% of districts and 77% of Block PHC in the country. TB mortality in the country has reduced from over 42/lakh population in 1990 to 23/lakh population in 2009 as per the WHO global report 2010. As per the WHO global TB report, 2010 the prevalence of TB in the country has reduced from 338/lakh population in 1990 to 249/lakh population by the year 2009. Problems not addressed by NHP 2002 NHP 2002 completely omits the concept of comprehensive and universal healthcare. The policy thus departs from the fundamental concept of the NHP 1983 and the Alma Ata Declaration. By its silence, the NHP 2002 provides a framework for the dismantling of the entire concept of primary healthcare. Importantly, the section on policy prescriptions in the NHP 2002 is silent on the content of the primary healthcare system. Despite the increase financial resources dedicated to health care the country continues to struggle in creating sufficient healthcare infrastructure. The government estimated there was a shortage of 4,803 primary health centres and 2,653 community health centres in 2006. According to a study conducted by the Confederation of Indian Industry, the formal healthcare system reaches only about 50% of the total population. India is also desperately short of doctors, with only 645,825, or 0.6 per 1,000 people, in 2004, according to the World Health Organisation (WHO). Even though the NHP 2002 plans to raise public health investment to 2% of GDP, the target is far less than the WHO recommended target of 5%. The policy does admit grave deficiencies in the health sector and notes how only 20 per cent of the population seeks OPD services and is forced to turn to private clinics. It also admits the collapse of the primary healthcare system and acknowledges the poor coverage of womens health and prevention of infant mortality. Ironically, its prescriptions fail to address the problems or offer solutions. The policy calls for providing incentives to the private sector to move to the primary healthcare system. However, the experience in urban centres has been discouraging. The incentives in terms of subsidised land, water, electricity and duty-free import facility doled out to high-profile private medical centres and hospitals in the urban areas has seen little benefit for the poor. Very few of these hospitals conform to the mandatory provision of free medical care to the population below the poverty line or the reservation of a certain percentage of their beds for the poor. Recommendations and conclusion: Although the Indian economy had high growth rates in recent years (9Â ·4% in 2005-06 and 9Â ·6% in 2006-07, with a consistent 7Â ·0% growth rate even during the period of global economic slowdown), according to the Human Development Index India is ranked 134 among 182 countries. Indias economic transformation does not seem to have produced tangible improvements in the health of the nation, and the recognition that improvement in health contributes to accelerated economic growth has not led to adequate investment in or improved the efficiency of health care. The NHP 2002 fails to check the growing influence of the private sector in the health care system. The private sector grew in an uncoordinated manner, to become the default option for healthcare in many cases. In an unregulated environment, neither the private sector nor the public sector provided an assurance of quality or access. The increasing dependence on the private sector, in addition to very weak regulation and corruption, has led to a huge increase in health-care costs in the country. Considering the above scenario the new healthcare policy or any other healthcare plan of the government should focus mainly on achieving the following objectives in the period of next 10 years: Ensure the reach and quality of health services to all in India; Reduce the financial burden of health care on individuals; Empower people to take care of their health and hold the health-care system accountable. Thus the new policy should again focus on the goal of universal health care which was mentioned in the NHP 1983, but was sidelined in the NHP 2002. Strategic plan to achieve healthcare goals: In this section we briefly discuss the goals that are desired to be achieved by the new healthcare policy framework and proposed strategies to achieve these goals. Goal: Integrate private and public health-care delivery systems Strategies: All health-care institutions and practitioners should be required to register with a national health regulatory agency and make this information available on the internet. Define a rational mix of public and private health-care services to enhance complementarities, and invest in further development of public health-care services including health promotion and prevention services. Goal: Create a universal health-care fund and reduce the cost of health care Strategies: Increase the proportion of gross domestic product as public health expenditure Merge all existing health insurance funds (eg, Rashtriya Swasthya Bima Yojna, Arogyasri) with this fund Apply heavy taxes on harmful products such as tobacco products, alcohol, and foods of low nutritional value, and allocate most revenue to health care Define the costs of all essential and emergency health-care interventions, and finance a package of care that is based on diseases that should be prioritised and cost-effective interventions Negotiate prices with providers, including caps, for different services on the basis of the cost of the care packages Invest in health promotion and early recognition of disease Goal: Increase the numbers, diversity, and distribution of human health resources Strategies: Establish an autonomous organisation to govern the supply of a full range of health workers, from accredited social health activists to doctors to health administrators Strengthen the role of community health workers with clearly defi ned skills, adequate remuneration, and career paths Encourage postings in rural or other underserved areas through increased salaries and other incentives such as provision of education to children Establish the Indian Health Service for careers in government health care All senior personnel in the Ministry of Health should be required to have public health training Promote the creation of medical and nursing colleges in underserved districts Goal: Promote evidence-based health-care practices Strategies: Establish an autonomous organisation to set guidelines for care practices in the Integrated National Health System Monitor and regulate the use of practices that are not based on evidence Strengthen capacities of health and non-health policy makers to recognise the importance of this approach Increase resources for priority health research Implement and act on the findings of district and national health surveillance and information systems, and encourage assessments Goal: Promote rational use of drugs and technology Strategies: Promote use of generic drugs through a wide network of pharmacies for generic drugs, with at least one in each block Ban incentives by pharmaceutical and medical technology companies to practitioners or consumer groups Negotiate bulk purchasing for patented drugs Make the best use of information technology that is being developed for the health system Goal: Create a decentralised governance structure that responds to local needs and is accountable Strategies: Create systems for accountability of local health-care services to fully empowered civil society groups Provide flexibility and expertise in districts and subdistricts to plan local health-care management plans Monitor and promote equity, efficiency, effectiveness, and accountability in the health-care system

Researching The Computer Forensics Investigation Plan

Researching The Computer Forensics Investigation Plan The purpose of this paper is to review the basic methodologies and the appropriate processes that a computer forensic investigator goes through in conducting an investigation. It will give an idea to the reader about the planning and organization of an investigator who is involved in a computer related crime, the ways in which he will conduct the investigation such as basic preparation, use of the required tools and techniques, acquisition and analysis of the data, role in giving testimony, use of forensic laboratories or the guidance of all the staff working under the main investigator and even planning network forensics all of which are related to his work. The Computer Forensics Investigation Plan A computer forensic investigates data that can be retrieved form storage media of a computer such as a hard disk, it is also considered that to be a successful computer forensic the knowledge of many different platforms to perform computing is a must, for our case we will consider you as the chief forensic investigator in the state of Virginia, as a part of private enterprise you are assigned the role of planning the computer investigation of a suspected criminal activity, we will see from your perspective how you should conduct all the necessary procedures. We dont just need science; we need good science (Evans, 2004) Always analyze major issues in preparing for an investigation. The crime scene is considered to be a very sensitive place in terms of collecting proofs and evidences which are in many cases very vulnerable and can be very easily be manipulated so special attention is needed in every aspect of recovery methods in order to gain as much as possible. Before arriving at the scene of crime, it is mandatory that you should always take a systematic approach in problem solving like making an initial assessment about the case then determining a preliminary approach to the case, after that, create a detailed checklist of the objectivity of the case, analyze the resources needed, identify all the risks and try the very best to minimize them, also outline all the details known about the case until then in a systematic manner such as the situation in which you will be arriving, the nature and specifics of the case, the type of computer forensic tools which will be needed at the case and to check on the specific operating systems in disposal which assist in the forensics investigation process. Once at the crime scene, try to gather evidence to prove that the suspect violated the company policy or committed a crime, since this is a private sector investigation it includes corporate businesses, other agencies of government are not involved such as law enforcement. The law enforcement agencies act according to the federal freedom of information act or laws of similar descent according to their territory in all process. Investigating and taking control of the computer incident scene in the corporate environment is considered to be much easier than in the criminal environment because the incident scene is often the workplace, these workplaces have databases of computer hardware and software which can also be analyzed, proper tools can be adopted to analyze a policy violation if any. Many companies either state their policy right away or show some warning, some apply both whose purpose is to tell that they hold the complete right to inspect the computing assets of their respective subjects at will, in addition to that every company must describe when an investigation can be initiated and allow the corporate investigators to know that under what circumstances they can examine the computer of an employee, if the investigator finds about the wrongdoing of the employee then the company can file a criminal complaint against him. If any evidence is discovered of a crime during the investigation then the management must be informed of the incident, checking the incident itself that it meets the elements of criminal law, work with the corporate attorney and also to see that you dont violate any other constitutional law in all the procedure. Preparing for a computer seizure for search operation is one of the most important point in conducting computing investigation. In order to do this, some answers from the victim and an informant may be needed, informant can be a detective for the case, a witness, a manager or any coworker to the specific person of interest. If you can identify the computing system, then estimate things such as how many computer systems to process and size of drive on the computer of the suspect, also determine which operating systems and hardware are involved. Determining location of the evidence and the cases type is very crucial, it allows to determine if computers can be removed. If the removal of the computers will cause harm to the company then it should not be done in the interest of the company, problems in investigation may arise if the files are most probably hidden, encrypted or stored in some offsite, if the computers are not allowed to be taken for investigation then the investigator must determine the resources to acquire digital evidence and the proper tools which will be needed to make data acquisition faster. Also determine who is in charge of the respective systems (in corporate environment, usually one persons assistance from the company is required in this regard). Always keep some specialists who work on many different types of operating systems, servers or databases and properly educate those specialists in investigative techniques. Once arrived, securing the crime scene or the specific computer is the foremost priority of the investigation team, the purpose is to preserve the evidence and keep the acquired information confidential. The investigative team should define a secure perimeter using a special type of yellow barrier tape, it should also have the legal authority to keep the unnecessary people out but do not fail to comply the other law enforcers or obstruct justice in any manner possible. Only professional task force should handle the crime scene for evidence as any non professional law enforcer can manipulate or even destroy the vital piece of evidence which may be very crucial in the overall scenario. Remember that corporate investigators does not seize evidence very often, more brief guidelines for processing an incident or crime scene goes as follows, keeping a journal to document the activities, securing the scene in the sense of being professional and courteous with onlookers, removing all those personnel who are not associated with investigation, taking all the proper and necessary recordings in video of the area surrounding the computer, at the same time paying attention to all the major and minor details. Sketching the incident of the crime scene and checking the computers as soon as possible. While at the crime scene, dont ever cut the electrical power to a running system by pulling the plug unless it is an older Windows or DOS system (which in these days are very rarely found anywhere), instead apply a live acquisition by the proper acquisition methods if possible, when shutting down computers with Operating Systems such as Windows XP or later version of it or Linux/Unix then always remember to perform a normal shutdown of the system, this helps to prevent log files. Try the very best to save the data from the current applications as much safe as possible, properly record all active windows or other shell sessions, and photograph the scene. Also make notes of everything that is done even when copying the data from a live computer of a suspect, save open files to external storage medium such as a hard drive or on a network share (if somehow the saving mentioned is causing problems then save with some new titles), then close applications and shut down the computer. Further guidelines include on bagging and tagging the evidence which is done as follows, first assign a person to collect (and log) the evidence, then tag all the evidence which is collected with the present date/time, serial number or other features. Always keep two separate and different logs of evidence collected an keep control of the evidence at the crime scene. Always look for information related to the investigation such as passwords, PINs, passphrases, bank accounts and so on. Look at papers in places such as the drawers or even try to search the garbage can. Collect all the related documents and media which is associated with investigation such as manuals or software/hardware. Using a technical advisor of high degree experience and knowledge is a must, technical advisor can help to list the tools which are required to make progress at the crime scene, it is the person which can guide the investigation team about where to locate data and help the team in extracting the log records or other evidence form large servers. The advisor can also create or help to make a search warrant by finding what is needed by the investigators for the warrant. More brief responsibilities of the technical advisor includes to know the aspects of the seized systems, to direct the main investigator on handling sensitive material, helping in securing the crime scene, helping to plan the strategy for search and seizure (documenting it), document all the activities and helping in conducting the search and seizure. Documenting all the evidence in the lab is also a necessary process, which involves in recording the activities and findings as the investigators work; this can be done by maintaining a journal to record the steps taken as the investigator process evidence. The main objective is to produce the same results when the main investigator or any other repeat the steps that were taken to collect evidence, a journal serves as reference that documents all the methods that have been used to process evidence. For proper documenting the evidence, always create and use an evidence custody form, which serves the following functions such as identify who has handled the evidence and identify the evidence itself, properly listing all time and date of the handling of the evidence. Other information can also be added to the form such as specific section listing and hash values, try to include any other detailed information that might need for reference. Evidence forms or labels are present in the evidence bags that can be used to document the evidence. Forensic Tools Always prepare the tools using information from incidents and crime scenes, the initial response field kit should be light in weight and easy to transport form one place to another. An addition to the initial kit is the extensive response field kit which must include all the necessary tools. The items in an initial response field kit may include one digital camera or 35mm camera with film and flash, one flashlight, one laptop computer, one large capacity drive, one IDE ribbon cable (ATA-33 or ATA-100), one SATA cable, one forensic boot media containing the preferred utility, one FireWire or USB dual wire protect external bay, ten evidence log forms, one notebook or dictation recorder, ten computer evidence bags (antistatic bags), twenty evidence labels, twenty tape and tags, one permanent ink marker, ten external USB devices such as a thumb drive or a larger portable hard drive.(cited in Nelson, Phillips Stewart , 2004) Tools in an extensive response field kit may include varieties of technical manuals ranging from operating systems references to forensic analysis guides, one initial response field kit, one portable PC with SCSI card for DLT tape drive or suspects SCSI drive, two electrical power strips, one additional hand tools including bolt cutters, pry bar and hacksaw, one pair of leather gloves and disposable latex gloves (assorted sizes), one hand truck and luggage cart, ten large garbage bags and large cardboard boxes with packaging tape, one rubber bands of assorted sizes, one magnifying glass, one ream of print paper, one small brush of cleaning dust fro suspects interior CPU cabinet, ten USB thumb drives of varying sizes, two external hard drives (200 GB or larger) with power cables, assorted converter cables and five additional assorted hard drives for data acquisition. When choosing an appropriate tool, the investigator must be sure that the tool is properly functioning, and that the right person handles it during the investigation. In order to prepare the investigators team, investigator must review all the facts, plans and objectives with the entire team assembled, the main objectives of the scene processing should be to collect evidence and secure it. The speed of the response from the team is very crucial as it can cause evidence such as digital evidence to be lost. Laboratory A computer forensics lab is a place where computer forensics conduct investigation, store evidence and house the necessary equipment, hardware and software. A typical lab manager duties involve many tasks such as proper management for case study, helping to provide reasonable consensus for effective decisions, keep everyone up to date with proper ethics and any modifications if made, keeping a financial account and proper check and balance of the entire facility, keeping it updated according to latest trends in technology and promoting the required quality assurance, appoint a schedule that suits everyone, estimating the potential of investigators and assessing their requirements, proper estimation of results ( preliminary or final) or when they are expected, strictly manage all lab policies and keep an overall look on the safety and security of the entire facility. The staff members have duties which include knowledge and training of equipments relating to computer systems such as O perating systems and their file types, software and hardware. Other staff duties include knowledge and training of technical skills, investigative skills, deductive reasoning. Planning lab budget involves making proper divisions in costs on all bases from daily to annual expenses, gathering the available data of the past expenses and use it to predict or prepare for any future costs. The main expense for a lab comes from the trained personnel or the equipment they use such as hardware or software devices in their disposal. Always estimate the number of computer cases the lab expects to cover, always being notified about the advancements in technology in the respective field, try to make assessment about the computer related crimes ( their kinds), and use this information to plan ahead lab requirements and costs. While making good computer technology available is important, the costs and benefits of upgrading all computers to state of the art must be weighed. (cited in schwabe, 2001) Check statistics from the Uniform Crime Report, identify the specific software used to commit crimes. If youre setting a lab for any private corporation, remember to check the inventory of computing such as software or hardware, previous reported problems and the ongoing and future advancements in related computer technology. Managing time is also a major concern when choosing on the computing equipment for the purchase. Most of the investigation is conducted in the lab, so it should be secure as evidence may is very crucial and cannot afforded to be lost, manipulated, damaged, destroyed or corrupted. Always put emphasis in providing a secure and safe environment, keep proper inventory control of the assets (inform in advance if more supplies are needed). A safe and secure facility should always preserve the evidence data and keep it as it is, the minimum requirements for a secure facility are a medium or small sized room with true walls form the floor to ceiling, proper locking mech anism provided with the door access, secure container and log for visitors. Almost all of the workers in the facility should be given the same level of access. Always brief the staff about the security policy, it is a must. The evidence lockers used in the lab must be kept secure enough such that any unauthorized person may not access it at all, some recommendations for securing storage containers include locating the containers in a properly defined restricted area, limiting people who will have the access to the storage containers, keeping a record on the authority of everyone who has access to the containers and keeping the containers locked when not in use. If a combination of locking system is used, then provide equal measure of security for both the contents of the container and the combination, always destroy the combinations that were previously held when setting up new combinations, only those persons who have the proper authority should be allowed to change the lock combinations, try to change the combination every three or six months or whenever required. When using a key padlock, authorize a personnel as the main key custodian, keep duplicate keys and print sequential numbers on all of them, keep a registry which has a record of keys that are assigned to the authorized personnel, conduct audits on weekly or monthly basis, try to place keys in a secure container after taking an inventory of keys, keep the level of security the same for all the keys and evidence containers, replace the old locks and keys on an annual basis and dont use a master key for several locks. Containers should be strong, safe and as much indestructible as possible with external padlock system and a cabinet inside, try to get a media safe if possible (to protect evidence form damage), keep an evidence storage room (if possible) in lab and keep a well organized evidence log which is used to keep update on all the occasions when the container of the evidence is opened or closed. Always maintain a security policy and enforce it (log signing in for visitors in a way that those personnel are considered to be visitors who are not assigned to lab, these visitors should always be escorted in all times), using indicators (visible and/or audible) is also a necessity inside lab premises, install an intrusion alarm system and hire a guard force for your lab. In civil litigation, investigator may return the evidence after using it (when issued a discovery order),if the investigator cannot retain the evidence then make sure it make the correct type of copy( copy in cases of data from disks or other hard drives, logical or bit stream), ask the supervisor or your client attorney on the requirements, you should usually only have one chance, create a duplicate copy of the evidence file, make minimum two images of evidence(digital) using separate methods, try to copy the host protected part of a disk, size is the biggest concern ( such as in raid redundant array of independent disks) systems which have terabytes of data), Some investigation needs to be conducted in the laboratory because of the proper tools and technicians available there who know how to deal with the evidence correctly without tampering it, Investigator might need to have the proper permission of the authority in charge if it wants the system moved to the laboratory, when permission provided, the investigator have a given time frame in which it must perform its task and then deliver the system back to where it came from. Log files Log files are those which lists all the actions that have happened, such as in Web servers which maintain log files to list every request made to the main Web server, using the log file analysis tools, the user can gave a very good assessment of where the visitors came from or how often they return or even how they go through a site, in addition to log files there are cookies, when used, they enable the Webmasters to log far more detailed information about the user on how it is accessing a site. Logs are also considered to be an independent, machine-generated record of what happened within a network for both system and user activity. When set up properly, and with the appropriate due care, logs can provide an immutable fingerprint of system and user activity. In many cases, the logs tell a story as to what really happened in an incident. They can tell you what systems were involved; how the systems and people behaved; what information was accessed; who accessed it; and precisely when these activities took place. (Cited in Musthaler, 2010) Given the overview of logs on what they can provide, the regulations such as the PCI DSS (payment card industry DSS), the FRCP (civil procedures federal rules), the HIPAA (which is an act regarding the health insurance) and many other regulations, all consider logs and log management to be the very basic and essential necessity for proper and efficient data management. Logs can be used to capture many vital sources of information which beside protecting the core data can also help in supporting forensic analysis and incident response if a data breach has occurred or other forms of electronic crime, such as fraud. The overall log monitoring can be hurdled because of the extremely large amount of fair data capture and the unwillingness, lack of will or errors in properly managing, analyze and correlating that data. The overall conclusion (in mismanagement) can cost hugely as if some suspicious activity or breach really happens, then a lot of time ( possibly many months ) may require to detect the fault, there is even no guarantee if the fault will be detected. In order to have logs admissible in court as evidence of a crime, an organization must prepare and execute due care with the log data. Log data must be viewed and treated like a primary evidence source. Here are some best practices that can help ensure log data and log management practices properly support forensic investigations. Have a clear corporate policy for managing logs across the entire organization. Document what is being logged and why, as well as how the log data is captured, stored and analyzed. Ensure that 100% of log-able devices and applications are captured and the data is unfiltered. Have centralized storage and retention of all logs, with everything in one place and in one format. Ensure the time synchronization of logs to facilitate correlating the data and retrieving data over specific timeframes. Ensure the separation of duties over logs and log management systems to protect from potential internal threats such as a super user or administrator turning off or modifying logs to conceal illicit activity. Always maintain backup copies of logs. Have a defined retention policy that specifies the rete ntion period across the organization for all log data. Organizations should work with legal counsel to determine the best time frames and have log data incorporated into an overall data retention policy. Have a defined procedure to follow after an incident. Test the incident response plan, including the retrieval of backup log data from offsite storage. (Musthaler, 2010) Further quotes form Brian Musthaler include, If an incident or data breach is suspected, there are several steps to take right away: Increase the logging capability to the maximum and consider adding a network sniffer to capture additional detail from network traffic. In an incident, its better to have more data rather than less. Freeze the rotation or destruction of existing logs to prevent the loss of potential evidence. Get backup copies of the logs and make sure they are secure. Deploy a qualified investigations team to determine the situation. (Musthaler, 2010) With the appropriate care, logs can provide solid forensic evidence when and if it is needed, as far as the job of a computer forensic investigator is concerned, his log begins when he starts an investigation, logs can be made of many things such as events, system security, firewall, audit, access and so on. (cited in PFI, 2010) Equipment can be recorded in the log by many ways, audio logs can be made which can store audio files, picture logs can be made which can store digital pictures taken during an investigation. Equipments are recorded according to the type of its contents with the appropriate tools. The final log is stored at the very end after possibly remodifying or revising previous logs. Data acquisition For the process of acquiring data in an investigation, we will consider following techniques, There are two types of data acquisition, static acquisition and live acquisition which basically involves the following four type of acquisition techniques, bit-stream disk-to-disk, bit-stream disk-to-image file, sparse and Logical. Bit-stream disk-to-image file is the most common method, it makes many copies and all of the copies made are replications of the original drive bit-by bit, similar type of process is happening in everyday scenario concerning a common personal computer, when we copy and paste files from one place to another or when we make multiple copies of a data file then the exact copy of the original data file is made available in many places. It is very simple, easy and with very nominal training can be performed on the target system therefore it is the most preferred method as well. The tools used in it are EnCase, ProDiscoer, FTK, SMART. Disk-to-disk method (bit-stream) is applied in the case of disk-to-image copy being impossible mainly due to hardware or software errors or incompatibilities, this problem comes when at most of the time dealing with very old drives. It adjusts target disks geometry to match the drive of the suspect (geometry of track configuration), tools used in this form are SafeBack, EnCase, , and Snap Copy. Logical acquisition and Sparse acquisition are used when the total time of the investigator is very short and the target disk is very large. This type of acquisition only searches and retrieves the selected file which is of particular interest, comparing this to Sparse acquisition which deals with data collection but again the data collected is very nominal. Data analysis Data analysis(for a computer forensic investigator) includes mostly examining digital evidence which depends on the following main factors, the nature of the case, the amount of data to process, the search warrants and court orders and the company policies. Scope creep happens when investigation expands beyond the original description which should be avoided in all cases. Few basic principles apply to about the entire computer forensics cases such as the approach taken depends largely on the specific type of case being investigated. Basic steps for all computer forensics investigations for analysis include the following points such as for target drives, using only recently wiped media that have been reformatted and inspected for computer viruses, noting the condition of the computer when seized, removing the original drive from the computer to check date and time values in the systems CMOS, record how to acquire data from the suspects drive, process the data methodically and logically, listing all folders and files on the image or drive Also try to examine the contents of all data files in all folders starting at the root directory of the volume partition, try to recover all the file contents that are password-protected and can be related to the investigation, identifying the function of every executable file that does not match known hash values and maintain control of all evidence and findings and also document everything as being progressed through the examination. Refining and modifying the investigation plan includes determining the scope of the investigation and what the case requires, determining if all the information should be collected and what to do in case of scope creep. The main aim should be to start with a plan but remain flexible in the face of new evidence. Data can be analyzed using many tools from the forensic toolkit such as supported file systems (FAT12/16/32, NTFS, Ext2fs, and Ext3fs). FTK can a very powerful tool that can analyze data from several sources including image files from other vendors, it produces a case long file. FTK also analyzes compressed files, reports can also be generated in it using bookmarks. Other analyze tools include searching for keywords (indexed search, live search or using advanced searching techniques such as stemming). In order to identify different types of data such as images, email and so on, the investigator should examine the data format and then according to that format, it should deal with the file with the appropriate tool. Working with law enforcement The status of individuals under law is no longer in doubt: individuals are subjects of law and as such are accorded rights. Yet rights are illusory without the procedural capability to enforce them. They are no more than high-minded principles if individuals whose rights have been violated have no avenue for complaint and relief. (Cited in Pasqualucci, 2003) There are basically two types of computer investigations, public and private(corporate), the public investigations involve government agencies responsible for criminal investigation and prosecution, the organizations involved must observe legal guidelines provided to them by the authority, other legal rights such as law of search and seizure helps in protecting rights of all people including suspects. Of the everyday problems of the criminal justice system itself, certainly the most delicate and probably the most difficult concern the proper ways of dealing individually with individuals.(Cited in Winslow, 1968) Investigator working with the law enforcement must always abide by the federal and constitutional laws in conducting and performing entire process of investigation. Criminal cases at law enforcement goes through three main steps, first the victim (any individual or company) will contact the law enforcement agency by making a complaint, then acting on behalf of that complaint, the investigator will be assigned by the government authority to conduct a balanced and proper investigation and will be asked to present all the findings directly to the law agency, the investigator will interview the complaint and will write a report about the crime, police blotter may provide a record of clues to crimes that have been committed previously (related to the ongoing investigation). The investigator collect, delegate and process the information related to the complaint. As the investigator build a case, the information is turned over to the prosecutor. An affidavit is a sworn statement of support of facts about evidence of a crime which is submitted to a judge to request a search warrant; the judge must approve and sign a search warrant before it can be used to collect evidence. The chain of custody is the route the evidence takes from the time investigator finds it until the case is closed or goes to court, throughout the case, the evidence is confiscated by the investigator who has the proper right under the law to maintain and keep the evidence immutable. Other concerns which need to be addressed when bringing law enforcement to the scene is that the officers should follow proper procedure when acquiring the evidence such as in digital evidence which can be easily altered by an overeager investigator, special concerns should be given to the information on storage media such as hard disks which are password protected. Network forensics Network forensics is the job of finding the information about how a perpetrator or an attacker gained access to a network, it involves systematic tracking of incoming and outgoing traffic to find out how an attack was carried out or how an event occurred on a network, the forensic expert should be very well experienced and be familiar with many previously related cases of network because the intruders which the network forensic searches for always leave some sort of trail behind, this trail