Sunday, May 17, 2020

Human Rights Violations in South Africa - 733 Words

Every South African citizen is entitled to the human rights that are listed in the Constitution. Human’s rights are there to make sure that people get treated fairly and equally and protect people from dangers that they face. They include equality (everyone is equal and has the right to equal protection) , Life ( everyone deserves to live ) education (everyone has the right to a basic education) , freedom of expression ( everyone has the right to say what they want to say as long as it is true) and there are many more. In section of the South African Constitution of 1996 which does in fact guarantee the right to equality and excludes discrimination on the basis of sexual orientation. There is still serious problems homosexual people face that should not be tolerated. South Africa being the only African Country that recognizes same gender marriages practice, you would think it would be safer for gays and lesbians. But in fact it isn’t. Corrective rape also known as ‘curative’ rape is happening and is rapidly rising problem in many townships in our country. Curative rape is a vicious act of violence in which African women and teenagers who are lesbians are raped to ‘cure’ them of their homosexuality. I am so sickened by this that people feel the need to target and rape people just like you and I that are just abit different but in many ways the same. In my opinion South African government needs to that South Africa needs to both legislative and judicial approach to hateShow MoreRelatedHuman Rights Violation in Country of My Skull by Antjie Krog1208 Words   |  5 PagesSkull, the author Antjie Krog uncovers the countless human rights violations that occurred during the South African Apartheid. The South African Apartheid, meaning separate or apart, was a system of racial motivated segregation in South Africa. Under this corrupt system of racial segregation, the minority group of South Africa or the White Afrikaners unjustly dominated the majority group, the black South Africans. During this period Black South Africans were unjustly subjected to punishments suchRead MoreReport On Poor Service Delivery1707 Words   |  7 Pagesit is a human rights violation. 2. Every community needs the local municipality to provide basic needs such as refuse removal, lights and water supply etc. Poor service delivery is when that municipality fails to do so due to various factors. Clean, safe water, electricity, safe and clean living environments are all part of South Africa’s Constitution of Human Rights, and therefore, when these basic services are not delivered, it becomes a human right violation. I agree that this is a human rightsRead MoreThe Violation Of Human Rights1284 Words   |  6 Pages784478 Title: The Violation of Human Rights Table of Contents Page 1. Introduction 3 2. Relevance and value of human rights 3 3. Case studies 4 3.1 Universal Declaration of Human Rights 4 3.2 African Charter 5 3.3 Bill of Human Rights 7 4. Conclusion 7 5. Bibliography 8 1. Introduction Basic human rights are being violated every day all over the world. This includes each human being’s fundamental rights, which are rights that come with beingRead MoreThe Apartheid Of South Africa s Apartheid System Became A National Memory1706 Words   |  7 Pagessettlement would not have been possible. In addition, the TRC asked for anyone involved in gross human rights violations which included â€Å"the killing, abduction, torture or severe ill-treatment of any person,† to step forward and confess. Through the process of truth finding the true nature of South Africa’s apartheid system became a national memory. As a result, it was no longer possible for anyone in South Africa to pretend that the abuses perpetrated under apartheid did not happen. In almost all of theRead MoreInvestment in South Africa1213 Words   |  5 Pageswas established in South Africa in 1977 after the owners decided to expand its operations in South Africa. The construction of the plant brought controversy over the interested parties, there were two dimensions of the utilitarian benefits of the Caltex plant, and there were violations of the justice and of moral rights whereas on the other side there were possible benefits to the South Africans. The plant setup was helpful in that it provided job opportunities to majority of South African blacks, forRead MoreThe United Nations Universal Human Rights Essay1657 Words   |  7 PagesThe United Nations’ Universal Declaration of Human Rights sta nds as the current gold standard for every individual’s rights. Focusing on culture, one may see that cultural rights are not clearly defined and are oftentimes in conflict with other types of rights. In this paper, I will first discuss the United Nations’ use of ‘cultural’ in its universal human rights in relation to the concept of cultural relativism. Then, using South African and American practices, such as virginity testing and discriminatoryRead MoreHistory Of South Africa s History1686 Words   |  7 PagesSouth Africa s history is a story of conflict from its very start, spurred by European settlement territorial conquest, frontier expansion, and nineteenth-century global imperialism that generated internal competition between white settlers and the black African population over land and resources such as water. Formal South African history is dated to the arrival of the Dutch East India Company in 1652 (although there were indigenous groups living there prior to the arrival of the Dutch); externalRead MoreThe Case Of The Tronie Foundation1293 Words   |  6 PagesConstitution guarantees these rights and the Supreme Court has ruled that wherever the Constitution is silent and the legislature has not made a law, those International Covenants to which India is a signatory may be enforced through the courts so far as they are consistent with the law of the land. These treaties and covenants may also be taken help of in statutory construction. The framers of the Constitution of India incorporated all basic human rights as Fundamental Rights and made special provisionsRead MoreEthical Practices And The Supervision And Treatment Of Prison Populations1731 Words   |  7 Pagesrelated to the supervision and treatment of prison populations 2 INTRODUCTION This paper will define the treatment of prisons within the United States, Central America and Africa, it will explain how many of these countries human rights and due process are violated within the correctional system, it will further exam how inmates under the supervision of correctional staff treat inmates while they are incarcerated by not allowing them the due process thatRead MoreThe Declaration Of Independence : A Vital Part Of The Global Human Rights Regime Essay1258 Words   |  6 Pagesthe scope has expanded beyond just men to include women and children as well. The together part of the journey must be stressed, because no one country is capable of carrying the banner of human rights and dignity on its own. That is why multilateral mechanisms have become a vital part of the global human rights regime. While there might be nations like the United States, Russia, or China that would appear to have a larger voice, there are almost 200 countries in the world. Which means it is difficult

Wednesday, May 6, 2020

Sexual Harassment Legal Memo - 3646 Words

Issues / Questions Whether or not the actions of Ms. Leslie Gonzales towards Mr. Ray Garcia establishes an act of sexual harassment. Brief Answer Yes. Ray Garcia may file a sexual harassment complaint against Leslie Gonzales. The actions of Leslie towards Ray may constitute sexual harassment based on the Sexual Harassment Act of 1995 (RA 7877) and in consonance with jurisprudence. Nevertheless, with only the statement of Ray as proof and the lack of witnesses, although the presence of witnesses is not a requisite in RA 7877, the complaint may be faced with difficulties as the burden of proof lies on the claimant. Statement of Facts Ms. Leslie Gonzales is the VP for Corporate Relations of ILA Company. Ray Garcia directly reports†¦show more content†¦Work, Education or Training-Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦or any other person who, having authority, †¦.requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re- employment or continued employment of said individual,†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discrimin ate, deprive or diminish employment opportunities or otherwise adversely affect said employee; †¦xxx†¦ (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. †¦xxx†¦ Sexual harassment can also take several forms, wherein the object of attention could be at the receiving end of malicious stares, jokes, comments, notes, letters, graffiti or physical contact[2]. As summarized in Aquino vs Acosta [3] the elements of Sec 3, RA 7877 are â€Å"(a) any person that has authorityShow MoreRelatedSexual Harassment Legal Memo3639 Words   |  15 PagesIssues / Questions Whether or not the actions of Ms. Leslie Gonzales towards Mr. Ray Garcia establishes an act of sexual harassment. Brief Answer Yes. Ray Garcia may file a sexual harassment complaint against Leslie Gonzales. The actions of Leslie towards Ray may constitute sexual harassment based on the Sexual Harassment Act of 1995 (RA 7877) and in consonance with jurisprudence. Nevertheless, with only the statement of Ray as proof and the lack of witnesses, although the presence of witnessesRead MoreEqual Employment Opportunity Commission and Electronic Reserve Readings.1455 Words   |  6 Pages | | |Details |Due |Points | |Objectives |Determine the legal issues arising out of employment practices. | | | | |Compare and contrast employment and independent contractor relationships. | Read MoreSexual Harassment Dress Code Attendance Policy964 Words   |  4 PagesIn this memo I will be addressing a several of the U-Turn company policy and procedures. Concerning Sexual harassment †¢ Dress code †¢ Attendance policy †¢ Vacation policy †¢ Discrimination †¢ Alcohol use, drug use, and smoking. I will be addressing these issues due to fellow coworkers not complying with the company policy and procedures. Everyone needs to read up on these polices to be aware of what is to be expected. 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Include in your memo any laws which apply and any precedential cases either for or against Teddys case which impact liability. Include your opinion of the worst case of damages the company may have to pay to Virginia. |    | Your Answer: | Memo to CEO: Your company is in fact in liability for negligence in protectingRead MoreCan an Employee Discriminate in the Hiring Process?1240 Words   |  5 Pagesshould an employer take to protect themselves from potential sexual harassment claims? There are multiple precautions that an employer can take in order to provide protection for themselves in the result of sexual harassment claims. 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Include in your memo any laws that apply and any precedent cases either for or against Teddys case that impact liability. Include your opinion of the worst case of damages the company may have to pay to Virginia. (Points : 30) Dear Sir, I believeRead MoreCase Study : Genius Founder Can t Lead 1744 Words   |  7 Pagespressure from the company’s investors, the resignation of Travis Kalanick - its chief executive seemed to be the enormous, ground-breaking news out of Uber after a months-long crisis involving Uber’s tough-minded culture, executive misbehavior and sexual harassment. After the latest in a series of backfires at the lucrative firm, Travis Kalanick acknowledged: â€Å"It’s time to grow up,† and that he â€Å"Will seek leadership help† (Roose, 2017). Kalanick is the name that has taken a lot of heat for his leadership

Howard Street Jewelers free essay sample

The internal control concepts that the Levis ignored were a. Segregation of duties No one person should be responsible for all transactions from the beginning to the end. Betty had too many responsibilities that were interwoven and should have been performed by more than one person. She handled the cash that came in, maintained the cash receipts and the sales records. Another concept that this relates to is that no one individual should perform more than one of the following; recording transactions, authorizing transactions and maintaining custody over the assets. Betty was able to do all three; selling jewelry, putting items in layaway, recording sales, maintain cash receipts and accepted the cash. Betty was allowed to have incompatible duties, which allowed her to commit fraud of $350,000. b. Physical safeguarding of assets – She physically handled all the cash that came in and had ample opportunity to skim the cash even before any transactions were recorded. Alvin was not able to locate the layaway ticket in the layaway file, nor was he able to locate the sale at all in the sales records. When Betty returned to work the next day and quickly produced the layaway ticket, saying it had been in the file all along, Alvin began to rethink Mrs. Levi’s suspicions. This doubt was compounded with Betty’s explanation of never ringing up the sale as an oversight. Over the following several weeks Alvin studied the cash receipts and daily sales records. He soon realized that their trusted and long time employee, Betty, was stealing from the company and estimated her overall embezzlement at over $350,000 (Knapp, 2011). 1. Identify the internal control concepts that the Levis overlooked or ignored. The Committee of Sponsoring Organizations (COSO), formed in order to establish what businesses could do to improve financial reporting, is comprised of representatives from the Financial Executives Institute (FEI), the American Accounting Association (AAA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), and the AICPA. According to COSO the five components of internal controls include: 1. Control environment – sets the internal control tone of the company, is he foundation of all other control components, and its factors include integrity, values, competence, management philosophy of authority and responsibility, and employee development. Risk assessment – the identification and analysis of economic, industry, regulatory, and operational risk factors that jeopardize the ability of the company to reach its objectives. 3. Control activities – activities that ensure management’s directives are carried out and include approval procedures, verifications, reconciliations, performance reviews, physical inventory security and separation of duties. . Information and communication – open communication and reporting of operational, financial, and compliance information to all interested parties that is timely, reliable and relevant. 5. Monitoring – ongoing monitoring of the effectiveness of the internal control systems by internal and external evaluations, (The Internal Auditor, 2006). As is common with many small businesses, the Levis did not have any of the internal control components in place. Because it was just the four of them running the store, creating a control environment was probably not priority as ethical behavior and integrity were assumed. In assessing the risk of the company not meeting its financial objectives, the Levis most likely discussed the economy, and may have even discussed theft as a risk, but obviously did not deem employee embezzlement as a risk, or they would not have allowed Betty unrestricted access to the entire cash cycle. The most obvious and important control activity that the Levis failed to have is separation of duties. The person who physically receives the cash should never be the same person that records the cash receipt, (Association of Certified Fraud Examiners, 2002). Betty was able to receive the cash payment from a customer and never record the sale. Authorization to execute transactions, recording transactions, physical custody of assets, and periodic reconciliation of records to physical assets should each be performed by a different individual, (Louwers, Ramsay, Sinanson, Strawser, amp; Thibodeau, 2011). Information and communication happened within the Levi’s business, but it was not heeded. After Alvin did monitor Betty’s work, the daily sales and receipts records, he was able to detect the fraud. Better monitoring of inventory could have detected the fraud sooner as the unrecorded sales would have caused inventory levels to be lower than sales records indicted. Additionally, better monitoring of Betty’s unrealistic fashion and vacation trends should have been a red flag to the Levis. 2. When Lore informed the CPA of her suspicions regarding Betty, what responsibilities, if any, did the CPA have to pursue this matter? Alternatively, assume that, in addition to preparing tax returns for Howard Street Jewelers, the CPA (a) audited the business’s annual financial statements, (b) reviewed the annual financial statements, and (c) compiled the annual financial statements. SAS no. 99 and AU 316 require that an auditor detect fraud if it results in materially misstated financial statements (AICPA, 2007 and PCAOB ,2012). While no other rules require the CPA or auditor to detect fraud, statements of professional conduct such as the AICPA’s Principles of Professional Conduct, Section 56 – Article V: Due Care, require the CPA to perform their duties to the best of their ability with concern for the client’s best interest (AICPA, 2012). Therefore, only if the Levi’s CPA conducted an audit of the business’s financial statements and found the fraud to cause a material misstatement would he be obligated to further pursue the matter. However professional codes of conduct requiring him to perform his duties as CPA to the Levis should motivate him to further pursue the matter. 3. Provide the Trubeys with an overview of the key internal control issues they will face in operating a jewelry store. Identify at least five control activities you believe they should implement. Creating a control environment is the first step and foundation for all other internal control components. It is important for the Trubeys to set an example of integrity and ethics in their management style. They must set policies and procedures, such as reviewing financial data monthly, performing background checks before hiring a new employee, assigning appropriate levels of authority and responsibility, and stick to them. The Trubeys identified high dollar values of inventory and significant daily cash transactions as areas of high risk. The control activities to focus on should be activities that mitigate those identified risks. Some suggested controls activities include: * All inventory purchases need to be approved by Mr. or Mrs. Trubey. Upon receiving inventory, the physical inventory should be compared to the purchase order to ensure all items ordered arrived. * It may be prudent for the Trubeys to hire a bookkeeper. It is of utmost importance to maintain a separation of duties. For example if the cashier collects the money throughout the day, he can also count the drawer at the end of the day and take the money to the bank, but he can not be person who records the daily sales and posts the cash receipts to the books. * Check signing authority should remain with the Trubeys exclusively. In preparing accounts payable, the invoice should be accompanied by the approved purchase order and the inventory packing slip to ensure that what is being paid for was actually ordered and received. The Trubeys should review this as they are signing the checks. * Insurance policies for most jewelry stores require extensive security systems, including removing all jewelry from the floor and storing in a safe during non-operating hours. Access to the safe and combination should be minimal, limited only to the Trubeys if operationally feasible. If the store will be using a computerized point of sale system, information access levels should be established and adhered to. For example a sales clerk might be able to only look up inventory, the cashier able to ring up sales transactions, but only the Trubeys able to perform voids or returns. * A reconciliation of physical inventory to recorded inventory should be performed monthly, quarterly, semiannually, or at the very least yearly. * Bank reconciliations to the accounting records should be performed at least monthly, as well as monthly reviews of profit and loss statements. This not only reviews the performance of the sales staff and the store, but also through variance analysis ensures that all transactions are being recorded properly, such as expenses. If the Trubeys hire a bookkeeper, they will have enough people to ensure a proper separation of duties. If they are active in the business they can create the proper control environment and monitor that all policies and procedures are being adhered to. Monthly performance reviews with the staff will reinforce internal controls and help create a structured environment. People, not policies, are the key factor in maintaining effective internal controls.