Introduction
The protection of children at the national level is a crucial aspect of sustainable and population-based legislation. The ability to promote laws and regulations aimed to create an environment in which the child feels safe and empowered is a valuable aspect of policymakers’ work. Attempts to discuss the problem of children’s rights abuses in Canada are indicative of the ambiguity of the local legislation (Truth and Reconciliation Commission of Canada, 2015). However, little attention is paid to the issue from the perspective of the Constitution. The current regulations on children’s rights are contrary to the Convention on the Rights of the Child and are discriminatory. This explains stakeholders’ intent to “call upon the Government of Canada to repeal Section 43 of the Criminal Code of Canada” (Truth and Reconciliation Commission of Canada, 2015, p. 1). As a result, children’s rights are infringed since violence, as a form of punishment, is contrary to social norms. This paper aims to substantiate the unconstitutional nature of Section 43 and present appropriate arguments. The analysis proves the injustice of the modern system of protecting children and upholding their rights. The justification of the presented position will highlight the key arguments in favor of revising Section 43, providing children more rights and freedoms, and criminalizing the use of physical punishment.
Contradiction of Section 43 to the Convention on the Rights of the Child
Section 43 of the Criminal Code is contrary to the Convention on the Rights of the Child. The latter is a globally ratified document that defines the principles of child safety, which include legislative, social, and other perspectives for a comprehensive protection system. However, Section 43 of the Criminal Code of Canada violates individual articles of this document. In particular, it is contrary to Article 3 of the Convention, which gives priority to the best interests of the child and states that “in all actions concerning children,… the best interests of the child shall be a primary consideration” (United Nations, 2017, para. 17). However, Section 43 and rather aims to represent the rights of adults in relation to interaction with children. In addition, it contradicts Article 19 on the right to be protected from all forms of physical or psychological violence, insult, or abuse (Assembly, 1989). Article 37 of the Convention is also violated in which States Parties ensure that no child is tortured or illegally deprived of liberty (Assembly, 1989). Thus, numerous provisions of Section 43 do not fit into the norms of global law.
Contradiction of Section 43 to the Canadian Charter of Rights and Freedoms
Section 43 infringes children’s rights under the Canadian Charter of Rights and Freedoms. At the level of the national legislation, this Section is in conflict with the existing child justice regulations. According to Paré (2017), it is inconsistent with several Sections of the Canadian Charter of Rights and Freedoms, in particular, the use of violence and physical punishment. As Locher-Lo (2018) states, the national law does not provide children with equal rights to safety against unlawful adult behavior, which infringes children’s freedoms. Covell et al. (2018) note that the Canadian Charter of Rights and Freedoms restricts children’s opportunity to enjoy full rights, which is inconsistent with the stated principles of equality. As a result, in the context of the national legislation, Section 43 has a number of gaps and inconsistencies.
The Lack of the Criminalization of Physical Punishment
Section 43 does not criminalize the use of physical punishment of children, which is unlawful. According to the Truth and Reconciliation Commission of Canada (2015), the government allows using physical force as a method of punishment. This practice is unacceptable in the context of the existing principles of ensuring children’s safety and respecting their rights. As Durrant et al. (2017) state, the judicial system involving interaction between the Supreme Court and local courts often ignores the problem of the lack of the criminalization of illegal acts committed against children in families. This order, in turn, harms children, limiting their chances of becoming responsible adults. In this regard, Michaelson (2018) argues that “a combination of both legislation and public education is the most sensible plan for Canada” (para. 15). Thus, drawing attention to the presented gap, in particular, the criminalization of physical punishment at the national level, is relevant as a measure to ensure children’s safety and preserve their rights and freedoms legislatively.
Conclusion
Section 43 of the Criminal Code of Canada contains ambiguous provisions that contradict both the Convention on the Rights of the Child and the country’s domestic law. The lack of the criminalization of the use of physical force as a punishment infringes upon children’s rights and freedoms and is a reason to revise the existing principles and norms the judicial system pursues. Drawing public attention to the problem is relevant in the context of an unambiguous gap in the considered legislation. The analysis proves the importance of taking appropriate actions in the context of the Canadian Constitution and creating a sustainable background to protect children from all forms of domestic violence and abuse.
References
Covell, K., Howe, R. B., & Blokhuis, J. C. (2018). The challenge of children’s rights for Canada (2nd ed.) Wilfrid Laurier University Press.
Durrant, J. E., Fallon, B., Lefebvre, R., & Allan, K. (2017). Defining reasonable force: Does it advance child protection? Child Abuse & Neglect, 71, 32-43. Web.
Locher-Lo, C. (2018). Are we “there” yet?: A comparative analysis of the Canadian standards on the corporal punishment of children in schools. Athens Journal of Education, 5(1), 73-89. Web.
Michaelson, V. (2018). Canada: What will it take to end physical punishment of children? National Post. Web.
Paré, M. (2017). Children’s rights are human rights and why Canadian implementation lags behind. The Canadian Journal of Children’s Rights, 4(1), 24-47. Web.
Truth and Reconciliation Commission of Canada. (2015). Truth and reconciliation commission of Canada: Calls to action. Web.
United Nations. (n.d.). Convention on the Rights of the Child. Web.
Interview Approaches, Limitations And Challenges For An Interviewer
The concerns that an interviewer should be aware of regarding the child as a reporter
Before interviewing a child, the reporter should always seek permission from the child’s parent or guardian. They should explain to them the reason for the interview so that the parent or guardian can make an informed decision to consent. Media reporting should not put the child at risk (Gosselin, 2019). The interviewer should be very careful about the type of questions he or she will ask the child and avoid traumatizing them at all costs. It is crucial for the interviewer to establish a rapport with the child through age-appropriate language. Moreover, one should make sure the child differentiates the truth and lies when answering questions. Flexibility, along with simple questions, will make the child feel at ease during the interview. Police officers should avoid questions, attitudes, or comments that are judgmental and insensitive. It could humiliate a child or reactivate the painful and traumatic events. Giving the child space and permission not to answer if they do not want to and asking questions that they understand is also extremely important. An interviewer should not overwhelm a child with questions by asking one at a time and giving them time to answer without interruption.
The limitations that police encounter when interviewing the elderly
Police encounter the challenge of distinguishing criminal activity from medical or psychiatric issues, such as mental illness. When police are interviewing the elderly, they may need extra time and resources to gather the required information. Some of the older people have hearing impairments, which makes it difficult for the police to interview them normally. The police will have to go slow and loud enough for them to communicate. Older people suffer from various medical conditions such as geriatric schizophrenia and bipolar making it difficult to interview them. Some police officers have minimal knowledge and information on dealing with the elderly (Logue, 2017). Alcohol and drug abuse can also be a concern for the elderly. The police interviewing the elderly should be aware of any limitations and ideally coordinate and conduct an interview to make the older person comfortable.
The ways that an interviewer can build trust and cooperation with a victim of trauma
An interviewer should always build rapport by maintaining eye contact with the victim. Eye contact communicates care and compassion. Building rapport ensures that a victim will cooperate with the interviewer and they will feel safe. As an interviewer, showing empathy by understanding the victim’s situation, perspective, and feelings is crucial, as well as ensuring privacy during the interview. It is also important to give the victim a sense of control by asking them where they would like to do the interview and if they would like to be with someone during the interview. It is paramount to conduct it in a place where the victim feels secure and assure the victim’s confidentiality of their story and personal information. An interviewer should approach the victim gradually in an unthreatening process and allow the them to express their emotions during the interview and not cut them off from their feelings. Realizing emotions after the trauma may make them feel better, as well as sympathizing with the victim by saying things such as: “You have been through something very frightening. I am sorry.” It is also crucial to avoid interrupting the victim when they are telling their story.
What does Title II of the ADA refer to, and how does it affect policing?
In order to secure equity in terms of treatment and access to communication with public institutions, the US government passed the Americans with Disabilities Act (ADA) in 1990. Under the jurisdiction of the ADA, people with physical and mental issues are entitled to equal treatment and respect in all aspects of daily life and functioning (“What is the ADA?,” n.d.). The Act itself is generally divided into various sections according to the sphere of its application. The Title II of the ADA concerns primarily the principles of communication between state and local services and people with disabilities. The provision implies that when cooperating with individuals, public service, including police, is to recognize the people’s needs. For this reason, in order to make sure that people have equal access to services, police officers should have the ability to provide such assistance tools as note-taking, transcript services, or hearing aid devices (Gosselin, 2019). Once provided, individuals with issues are able to serve as full-scale contributors to the law enforcement practice. The contributions generally include citizen complaints, providing information relevant to the investigation, and addressing services such as 911 when seeking support.
The challenges that must be overcome for successful interviewing of the disabled and mentally ill populations.
Interviewers should give the disabled and mentally ill persons more specialized attention since the frequency of crimes committed against them is higher. The main aim is to provide the interviewer with the necessary tools to deal with victims with disabilities to report the crimes adequately. They do not feel alone in the judicial process and achieve that their assailants are condemned. Self-confrontation is another challenge when it comes to interviewing persons with disabilities and the mentally ill. Lack of understanding of how to approach them and what questions to ask may cause the interviewer to feel awkward about proceeding (Gosselin, 2019). Interviewers should stop assuming that a person with a disability will always need help. As an interviewer, it is important to take time to become familiar with the ways to address those who have disabilities, without labeling them because of their specific needs.
References
Gosselin, D. K. (2019). Interviewing and interrogation: Smart talk (2nd ed.). Pearson Education.
Logue, M. (2017). Effective police interviewing [Doctoral thesis, Brock University]. Web.
What is the Americans with Disabilities Act (ADA)? (n.d.). ADA. Web.
Strategy Implementation At Walt Disney Company
Introduction
Strategy implementation entails the process of turning plans and strategies into actions to accomplish strategic goals and objectives. A strategic plan’s performance is more significant than the strategy itself, and many companies having strategic plans usually fail to implement them as required. Moreover, many businesses have a good plan in place but are unable to implement it effectively. The paper will cover strategy implementation at Walt Disney Company, control strategy, and qualitative analysis of the balanced scorecard.
Implementation of Strategy at Walt Disney Company
Walt Disney Company, also known as Disney, is a global mass media and entertainment entity headquartered in Burbank, California. It was established in 1923 by two brothers Walt and Roy O. Disney, as a cartoon studio. Walt Disney, the mission is to inform, entertain, and inspire people worldwide (Disney, 2021). The company uses storytelling, reflection on iconic brands, creative minds, and innovative technologies that make clients feel entertained. For the business to be successful, there should be a plan, strategy, and management skills; however, a strategic plan can only be productive when supporting goals are documented for implementation.
The development of a business strategy is a demanding and complex procedure, and leaders need to devote resources, time, and effort. Selection of the strategy that promotes enterprise growth requires diligence. The creation of strategies at Walt Disney Company may be achieved by having a structured strategic plan supported by strategic leadership and implemented through emergent strategy systems. The company must have a vision and mission that efficiently aligns with the plan and obtain desired outcomes. Once the vision, mission, and values are in place, a documented strategic plan is developed. The program recognizes the steps required to accomplish the company’s task. The strategic plan needs to be written as a short-term (3-6 months) or a long-term (1-3 years) process.
Any change in the company affects the employees, who are the most critical asset the firm has. Seemingly, losing a company’s employees is expensive due to hiring and obtaining the best replacement. Any change suggested should be handled with care to avoid antagonizing the working environment. The employees should be involved in the implementation of strategy, and their insights and concerns accommodated. Implementation of Strategy into the organization tends to bend the company life into the aspired plan (Merkus et al., 2019). There are five common vital challenges of implementing a strategic plan, including:
- Poor goal setup: since objectives are complex and large, requiring substantial resources
- Deficiency of alignment: mainly caused by collaboration conflicts and prioritization issues
- Incapacity of tracking progress: several companies use spreadsheets for tracking objectives, which is ineffective.
- Employees disconnected from the strategy: people generally prefer routine and order
- No leading indicators or measurements: implementation of a strategy cannot progress without measuring tools
Control of Strategic Implementation
Control of strategic implementation is designed to evaluate whether the entire strategy should be transformed in the light of unfolding outcomes and events. There is a relationship linked to the incremental actions and steps that execute the complete strategy. Ideally, strategic implementation control does not substitute operational control. A contrasting operations control and strategic implementation control constantly queries this strategy’s specific direction in Disney Company. There are two basic types of implementation control elaborated as follows:
Monitoring Strategic Thrust
Two main approaches help enact implementation controls. They emphasize monitoring strategic thrust, such as agreeing in the planning procedure, whereby thrusts are essential in strategy success. Diligently crafted strategies cannot necessarily go wrong but will practically evolve and change during the third to fifth-year implementation. The other approach uses stop/go evaluation connected to a series of significant thresholds, including costs, time, research, and development linked to specific thrusts.
Milestone Reviews
Milestones are objectives that are set in a business, having a team, date, and personal responsibility. They are essential points in a program’s development, especially where vast commitments of resources are required. The review of milestones generally entails a full-scale reevaluation of the strategy and the prudence of continuity and re-emphasizing of the direction Disney Company should move. The purpose of control in the current strategy is the provision of the plans.
Quantitative Analysis of Finances and the Scorecards of the Company
Walt Disney has a generic strategy for competitiveness benefits that capitalize on its specialty and services. The Michael Porter model states that a generic competitive strategy allows the business to generate and maintain its competitiveness inside its target market (Williams, 2019). The strategy is based on the Disney products’ uniqueness from those of competing companies. The analysis will be conducted to understand the performance and the behavior of the business. The central process role is the presentation of the specific hypothetical situation regarding the numeric values. It will help gauge performance, evaluate financial tools, and make predictions of the prospect revenue. The quantitative analysis method to use in this case study is regression analysis which involves statistical equations that can predict and estimate the effect of a single variable on another. Entire organization structures and the employees will contribute to the company strategy level.
References
Disney. (2021). Disney – Leadership, history, corporate social responsibility. The Walt Disney.
Merkus, S., Willems, T., & Veenswijk, M. (2019). Strategy implementation as performative practice: Reshaping organization into alignment with strategy. Organization Management Journal, 16(3), 140-155.
Williams, A. (2019). Disney’s generic competitive strategy & intensive growth strategies. Panmore Institute.