Comparing and Contrasting the Novel and Movie Version of The Scarlet Le

The Novel vs. Film of The Scarlet Letter Films of this era are criticized for substituting violence and special effects for "substance". Many believe that creating a movie script is a juvenile form of writing, a shrub to the oak of a novel. Upon reading both the novel The Scarlet Letter by Nathaniel Hawthorne and viewing the film produced by Roland Joffe, one notices the tremendous effort put into both. This essay will explore the many differences and similarities between the book and movie. The film is "freely adapted" from the novel. The word "free" describing the adaptation is well used- there are major differences in terms of time frame, characters, visual imagery and symbolism, plot, narration, and tone. Nearly an hour of information the reader received only as background was on tape. The film began when Hester arrived in the New World, not at the dreary prison door she passed through on her way to the scaffold in the novel. Many characters were added to the film, several of whom were central to the plot. Mituba, Hester's mute slave girl, Brewster, the lewd, undisciplined rule-breaker, Goody Gotwick, the mouthpiece of the community's "pious women," and Minister Cheever, the powerful church leader who attempted to serve as arbiter of the community's morals did not exist in the novel. Mistress Hibbins' relationship to Governor Bellingham was of a citizen to ruler nature. In the book, their relationship prevented her persecution, whereas in the movie, no family ties pr otected mistress Hibbins from the cruel witch trials characteristic of the 1600's. Her character progressed from minor in the book to a supporting role in the movie. She served as the only character besides Hester who behaved according to... ...and Dimmesdale move to the Carolinas to begin a new life, while in Hawthorne's novel, Pearl lives a full life, her mother working for the community and her father dying on the scaffold. There is no set answer as to which ending is "better," one may be more fulfilling, another may be more informative, another could touch a child, the other, a parent. One may favor the film over the novel or vice versa, but that person could not overlook the great care that went into the making of both. Using the novel as a base from which to work, the filmmaker created his own masterpiece, changing and adding elements as he felt necessary. Whether for increased popularity or his own personal satisfaction, the filmmaker's version also kept some themes and characters. The film and novel have their similarities and differences, but both effectively communicate their meaning to the public.

Glaxowellcome

Case 21 †¢ The Headaches of GlaxoWellcome comply with regulations, and selling it to the end users while making a pro? t. In addition, there is a tariff for the import of candelilla wax into Japan of 3. 8 percent; this is for either ? rst or second re? ned candelilla wax. FUTURE OF THE CANDELILLA WAX INDUSTRY ? According to executives of Ceras Deserticas, the future of this market is promising. They expect growth in the future, although they they have not made public the actual estimated growth for the market. They are worried about the best path to take advantage of this growing and competitive market. The industry is consolidating and if Ceras Deserticas does nothing, it will either die or be taken over. As mentioned before, there are several joint ventures in which U. S. companies are investing in Mexico to guarantee a steady supply of candelilla wax. Both Ceras Nacionales de Mexico and †¢ 735 Multiceras have established joint ventures with American companies. They are p ursuing research and development to try to create a synthetic wax that can replicate the characteristics of candelilla wax and meet the requirements of end-users.DISCUSSION QUESTIONS 1. Of the three options options presented at the beginning of ? the case, what should Ceras Deserticas do? 2. Why would Mitsuba Trading Co. be interested in a joint ? venture with Ceras Deserticas? 3. What would be the advantages and disadvantages for Ceras ? Deserticas of a joint venture? ? 4. What strategy must Ceras Deserticas follow in approaching joint venture? C ASE 21 THE HEADACHES OF GLAXOWELLCOME Migraine medicine is a key growth area for Glaxo Wellcome Inc. Glaxo); a Britain-based pharmaceutical company with global operations. 1 Glaxo’s primary business is to market prescription products to physicians and healthcare providers. Glaxo was the ? rst pharmaceutical company to manufacture and market a revolutionary new class of prescription migraine medications called ‘‘triptansà ¢â‚¬â„¢Ã¢â‚¬â„¢. Triptans, which Glaxo launched in 1993, are a class of medications that work speci? cally on the 5HT-1 receptor sites, which are believed by doctors to be the primary cause of migraine headaches.In mid May of 1997, Sir Benjamin Palmer, the general manager of Glaxo’s CNS/GI Metabolic division, sat at the head of the conference table in room G-1 of the Glaxo Wellcome global headquarters in Stockley Park West, England. A group of 6 marketers (3 from the ‘‘Professional’’ team and 3 from the ‘‘Commercial’’ team) were staged in front of Palmer and two vice presidents of sales (East and West). The three of? cers listened attentively to the ? nal marketing presentation that more than 60 marketing team members had worked on for the past 19 months.The issue: How to launch Naramig, Glaxo’s new (second generation) prescription migraine medicine, in the U. K. In the back of Palmer’s mind were the following considerations: – Although Naramig was considered by Glaxo to be a better triptan than Imigran, in reality, there were some attributes of Naramig that were inferior to those of Imigran. – It was not as if Imigran had not been successful: Glaxo had captured 91 percent of the prescription medication market share (in ? s) for migraines in the U. K. – Glaxo expected the approval and launch of its competitor, Zeneca’s ? st triptan medication (Zomig) prior to that of Naramig, and likewise, expected Zeneca to market Zomig as a 2nd generation triptan. 8 1 Months Later 2 Early in February of 1998, a similar scene to that of 8 1 months 2 ago, in room G-1 of the U. K. headquarters, was taking place in a conference room located at the U. S. home of? ce in Research Triangle Park, North Carolina. Mark Glackin, U. S. General Manager of Glaxo’s CNS/GI Metabolic Division, considered several marketing options presented by the team for the U. S. aunch of Amerge, Glax o’s second-generation triptan that had been marketed in the U. K. as Naramig. 2 Although Glackin had several considerations to keep in mind, various factors and events gave Glackin a much different perspective than 1 that of Palmer 8 2 months earlier: †¢ How would U. K. hospitals and doctors react to Glaxo’s promotion of Naramig? †¢ Glaxo was apprised of the marketing strategy chosen by the U. K. for Naramig and its short-term results. †¢ What was the best product positioning of Naramig with respect to Imigran? This case was prepared by Jared Fontaine, Aaron C.Lennon, and Robert Moscato of the Fox School of Business and Management at Temple University under the supervision of Professor Masaaki Kotabe for class discussion rather than to illustrate either effective or ineffective management of a situation described (2001). 1 Today the company is known as GlaxoSmithKline, which was formed in January 2001 as the result of a merger between GlaxoWellcome and S mithKline Beecham. †¢ Zeneca’s Zomig had in fact been approved and launched in the U. K. prior to that of Naramig. The effects of Zomig on the success of Naramig and Imigran were therefore available for analysis by Glackin. Just as in the U. K. , Glaxo U. S. expected the approval and launch of Zomig in the U. S. prior to that of Amerge. 2 Like Amerge/Naramig, Glaxo’s research indicated that the name Imitrex would fare better than Imigran in the U. S. market. 736 †¢ Case 21 †¢ The Headaches of GlaxoWellcome EXHIBIT 1 The Businiess GW Portfolio: 1998 ?1,027m (+9%) ? 432m (+5%) ? 1,971m (+24%) Respiratory Viral Infections CNS ? 688m (? 44%) ? 749m (+1%) ? 1,209m (? 4%) ? 1,089m (+31%) (Migraine ? 645m) Migraine Bacterial Infections Gastro-intestinal Oncology Others % of Sales 28 17 15 9 10 10 6 14Total sales ? 7,165m increase of 2% †¢ Glaxo U. S. had launched the marketing promotion of Product Lines: Migraine Depression Gastrointestinal Imitrex (the U. S. brand name of U. K. ’s Imigran)3 Nasal Spray 5 months earlier. on pharmaceutical marketing, Glaxo U. S. could use directto-the-consumer (DTC) advertising to promote Amerge. †¢ Unlike the U. K. , which has stricter government regulations †¢ Allergy/Immunology/Respiratory Division Product Lines: Allergy/Immunology Asthma COPD COMPANY BACKGROUND GlaxoWellcome Inc. was formed in 1995 when U. K. based Glaxo Pharmaceuticals, a relatively young company, acquired U. K. pharmaceutical company Burroughs Wellcome in a corporate takeover. The acquisition made Glaxo Wellcome Inc. one of the top three pharmaceutical ? rms in the world with approximately 4 percent of the worldwide prescription pharmaceutical market. International Organization GlaxoWellcome Inc. is based in the U. K. with its Worldwide Headquarters located in Stockley Park West. As of 1997, Glaxo Wellcome Inc. had 22 local operating companies (LOCs) in 9 countries of which Glaxo U. S. was one. Although based in the U.K. , the U. S. market made up approximately 40 percent of worldwide sales, while the U. K. only accounted for 7 percent. Due to the rigid guidelines of the Food and Drug Administration (FDA), Glaxo’s products are generally introduced ? rst in one of the other 8 LOCs before gaining approval in the U. S. The majority of R&D and production for Glaxo takes place in the U. S. , U. K. , France, and Italy, each having both an R&D unit and manufacturing plants. Organizational Structure/Product Lines The organizational structure of Glaxo Wellcome in both the U. K. and the U. S. s based around its 3 divisions and the product lines within each of those divisions: †¢ HIV/Oncology Division Product Lines: HIV Cancer Glaxo sells prescription medications that fall into one of these three product lines. As of 1998, the migraine product line made up just over 9 percent of total Glaxo sales worldwide. The CNS/GI Metabolic division, of which migraine makes up 60 percent, grew 31 perc ent from 1997 to 1998 (see Exhibit 1). THE PHARMACEUTICAL INDUSTRY Pharmaceuticals are generally classi? ed into two categories: over-the-counter (OTC) and prescription medications.As of 1998, there were no OTC drugs speci? cally formulated for migraine. After a pharmaceutical medication has been developed, there are two stages: approval and marketing. Approval In order for a pharmaceutical company to market and sell any medication that they have developed, the product must ? rst be approved by the respective regulatory body of each country (FDA in the U. S. , MCA in the U. K. ). On average it takes 12 years for an experimental drug to travel from the lab to the medicine chest. Only ? ve in 5,000 compounds that enter preclinical testing make it to human testing.One of these ? ve tested in people is approved. Although each country has †¢ Central Nervous System/Gastrointestinal Metabolic Division (CNS/GI) 3 Market research showed that U. S. consumers would be more responsive to t he brand name ‘‘Amerge’’ than that of ‘‘Naramig. ’’ Case 21 †¢ The Headaches of GlaxoWellcome its own particular set of guidelines and speci? c procedures for approval, new medicines are generally developed and approved as follows: 1. Preclinical Testing—This is the exploratory process where a pharmaceutical company identi? es compounds through in vitro (test tube) testing.The deliverable at the end of this process are compounds that can enter Phase One of Clinical Testing. 2. Clinical Trials, Phases—There are three mandatory phases of clinical trials. These clinical trials study the medicine’s safety pro? le, how it is absorbed and distributed, the duration of its action, its ef? cacy, and side effects. 3. Application—Following the completion of all three phases of clinical trials, the company analyzes all of the data and applies for approval in the respective country if the data successfully demon strate safety and effectiveness. The application contains all of the scienti? information that the company has gathered. At this point, the regulatory body may request further information. 4. Approval/Refusal—Once the regulatory body completes the professional assessment of all relevant information, it either approves the application and the new medicine becomes available for physicians to prescribe, or, if unsatis? ed, refuses to grant approval. There is one important distinction between the U. S. and the U. K. in the approval stage of pharmaceuticals. In the U. S. , every medication must be approved by the FDA before it can be marketed and sold.However, because of the existence of the European Union (EU), it is possible that a medication may be approved in member nations without being professionally assessed and analyzed by each country’s respective regulatory body. This means that if one member nation’s (e. g. Sweden’s) regulatory body approves a medic ation, the applying pharmaceutical company can either ask the other EU member nations to ‘‘recognize’’ Sweden’s approval or apply to each member nation separately. If one member nation approves a medication, then all of the countries in the ‘‘Mutual Recognition’’ procedure have the same prescribing information.However, if a medication receives independent approvals, then the prescribing information will be unique in each country. The difference can have an effect if applying in each country separately produces slightly different results in the trial phases (e. g. , perhaps the trials show that a medication is more effective for its desired indication during trials in the U. K. as compared to similar trials performed in Sweden). Marketing In general, products are marketed and advertised solely toward the ? nal consumer. This makes sense since it is the ? al consumer that ordinarily has the ? nal say as to whether he/she will actually purchase the product. However, pharmaceuticals are marketed to physicians and hospitals that in turn decide if they will prescribe the medication to their patients. U. S. vs. U. K Although it is illegal for pharmaceutical companies to advertise their products directly to patient/consumers in the U. K. , †¢ 737 in the U. S. (as of 1997) direct-to-consumer (DTC) advertising is permitted. Research has shown that DTC advertising in the U. S. has a large impact on sales.The research shows that patient’s requests for speci? c medications marketed by speci? c pharmaceutical companies affect the companies’ sales to physicians and hospitals. The other major difference in the pharmaceutical industry between the U. S. and the U. K. is the extent of governmental coverage. In the U. K. , the health care system is socialized. Doctors are paid by the government with an additional payment per patient. Everyone is entitled to free medical care under the plan, which is fun ded by the National Treasury and Health Insurance Tax. The U. S. on the other hand, has not employed socialized medicine, although Medicare and Medicaid cover a signi? cant part of the population. Instead, the U. S. health care system follows an insurance-based coverage scheme whereby individuals buy insurance from a company, which in turn pays for their medical costs. HEADACHES AND MIGRAINES Doctors classify headaches into three main types: †¢ cluster headaches †¢ tension-type headaches †¢ migraines Cluster headaches are the most painful type but also quite rare and hence have not offered pharmaceutical companies a suf? cient market potential to pro? ably develop and market a medication speci? cally focused on curing these headaches. Tension-type headaches, while the most prevalent, are generally capable of being combated with over-the-counter medications such as aspirin and ibuprofen and hence, likewise do not offer Glaxo a pro? table market for which to develop a p rescription product. Migraines, on the other hand, are suffered by an estimated 26. 3 million people in the U. S. , 5 million people in the U. K. , and at the time of Glaxo’s launch of Imigran/Imitrex, were not effectively treatable with over-the-counter medications.Migraines are complicated combinations of intense pain (usually on one side of the head) and neurological symptoms like visual problems, nausea, vomiting, and sensitivity to light and sound, which often reduce the sufferer’s productivity and concentration and in some cases render the sufferer bedridden. In the U. K. about 18 million working days are lost to migraine sufferers a year. In the U. S. approximately 10 million migraine sufferers were bedridden for more than 3 million days per month and experienced 74. 2 million restricted activity days per year (as of 1989). Such statistics translate to lost workplace productivity ranging from $5. billion to $17 billion annually in the U. S. and sick pay and repl acement personnel costs of ? 750 million in the U. K. annually. Hence, in the early 1990s, Glaxo took advantage of the market potential for migraine-speci? c prescription drugs. 4 4 At the time of Glaxo Wellcome Inc. ’s entrance into the market for prescription migraine medicines, although doctors were prescribing drugs for migraines, these drugs were not migraine-speci? c but rather were drugs that were developed for general pain relief. 738 †¢ Case 21 †¢ The Headaches of GlaxoWellcome IMIGRAN/IMITREX In 1993, Glaxo Pharmaceuticals introduced in the U.K. and the U. S. , the ? rst medication (triptan) speci? cally formulated for the acute treatment of migraine. 6 Imitrex/Imigran when initially launched in March of 1993 was produced in injection form. In 1995 and 1997, Glaxo followed up the marketing of Imitrex/Imigran by introducing line extensions in the forms of tablets and nasal spray, respectively (see Exhibit 2). Imitrex/Imigran5 uncomfortable injecting themsel ves). Sales of Imitrex/Imigran worldwide grew from less than $350 million in the year of its introduction to more than $1 billion in 1997.Imigran/Imitrex SWOT Glaxo considered the strengths, weaknesses, opportunities, and threats of Imigran/Imitrex to be the following: Strengths—Imigran/Imitrex was the ? rst medication marketed toward speci? c migraine relief. Hence, Imigran/Imitrex had a strong brand image as the market leader, and in fact played a signi? cant role in the development of the migraine market. Imigran/Imitrex was also a potent medication with a proven ef? cacy; it was in fact very successful in relieving the pain of migraine headaches. Although there were some side effects associated with the medication, Imigran/Imitrex has a proven safety pro? e. The fact that Imigran/Imitrex is offered in 3 different line extensions offers Glaxo a ‘‘portfolio’’ of relief to offer to various patients. Weaknesses—The fact that Imigran/Imitrex is a potent medication has its downside as well. The medication proves to be too powerful for some patients, which therefore limits its use. Moreover, Imigran/Imitrex is expensive relative to OTC products that were used to ? ght headaches. This weakness of being expensive is exacerbated by the fact that the medication has a high rate of recurrence (a patient may need to take the drug more than once during a migraine).Although Imigran/Imitrex is proven to be safe, because of the side effects (e. g. , tightening of the chest), there is a perception by some that the medication is not safe. Opportunities—Glaxo felt that having 3 product line extensions opened up the opportunity to perhaps exploit Imigran/Imitrex as a medication that is right for every kind of migraine sufferer. The biggest opportunity for Glaxo and Imigran/Imitrex is the fact that the migraine market was completely underdeveloped. EXHIBIT 2 Line Extension Injection Tablet Nasal Spray U.K. 3/1993 5/1995 5/1997 U. S. 3/1993 7/1995 8/1997 These line extensions were spurred by the fact that only a small percentage of the total 26. 3 million migraine sufferers had ever tried Imitrex/Imigran in injection form. Hence, Glaxo, even 2 years after the introduction of Imitrex/Imigran injections, viewed the potential market as wide open. The injection formulation of the product provides the fastest relief—as early as 10 minutes; the nasal spray—as early as 15 minutes; and the tablet—as early as 30 minutes.Hence, Glaxo has been successful marketing the injection form of Imitrex/Imigran using a strategy of ‘‘quick-relief’’ (an aspect that is very important to severe migraine sufferers) and successful marketing the tablet and nasal spray forms of the drug using a strategy of ‘‘easy and painless administration’’ (an aspect that is important to migraine sufferers who are 5 The launch of Imigran/Imitrex came prior to the Glaxo Pharmaceutic als’ acquisition of Burroughs Wellcome, Inc. 6 Glaxo used the brand name Imitrex in the U. S. nd the brand name Imigran in the U. K. for the same product. Market research showed that the name Imitrex would fare better with U. S. physicians and hospitals. EXHIBIT 3 GlaxoWellcome Worldwide Migraine Franchise $m 1,200 1,000 800 600 400 200 0 1993 Injection 1994 1995 Tabs 1996 1997 1998 Nasal Spray Case 21 †¢ The Headaches of GlaxoWellcome Threats—The two main threats to Imigran/Imitrex are that of competition and cannibalization. Glaxo was aware that Zeneca was close to marketing a competitor triptan called Zomig. SinceImigran/Imitrex had been on the market for over four years, Glaxo felt that Zomig would be marketed as a ‘‘second-generation’’ triptan (an improved version of Glaxo’s ? rst-generation Imigran/Imitrex). Imigran/Imitrex had also experienced some cannibalization effects between its 3 line extensions (see Exhibit 3). The Un derdeveloped Migraine Market As of 1997, the fact of the matter, was that approximately 90 percent of migraine sufferers were not being medicated with a triptan (see Exhibit 4). This meant that many people were still taking ineffective OTC drugs to combat their migraine pain.Accordingly, Glaxo considered the market for ‘‘triptan’’ drugs to have great potential. †¢ 739 Exhibit 5 shows how Naramig/Amerge speci? cally compared to Imigran/Imitrex as a migraine medication. EXHIBIT 5 Imigran vs. Naramig MEASURE Speed of onset Peak efficacy Consistency of response Tolerability Incidence of chest pain Incidence of recurrence ORDER (best first) Imigran > Naramig Imigran > Naramig Imigran > Naramig Naramig > Imigran Naramig < Imigran Naramig < Imigran EXHIBIT 4 Migraine market = underdeveloped 48 million migraine patients 586 million migraine attacks/yearNaramig/Amerge SWOT Glaxo considered the strengths, weaknesses, opportunities, and threats of Naramig/Amerge to be the following: Strengths—Although not as powerful as Imigran/Imitrex, Naramig/Amerge was effective in relieving migraine pain. Its biggest strength, relative to Imigran/Imitrex was its mildness; the side effects caused by Naramig/Amerge were substantially less compared to Imigran/Imitrex, which gave it ‘‘user friendly’’ image. Its long duration of pain relief gave Naramig/Amerge a low rate of recurrence; 67 percent of patients require only one dose of Naramig/Amerge over a 24-hour period.Naramig/Amerge was able to be marketed as a true second-generation triptan (an improvement on the ? rst) since Glaxo was the company that had introduced the ? rst triptan medication. Weaknesses—The major weaknesses of Naramig/Amerge were twofold. First, it had a slow onset of action. This of course would turn off patients looking for fast relief. Second, Naramig/Amerge had only been developed in tablet form and therefore lacked marketability in terms of line extensions. Opportunities—The market opportunity for Naramig/ Amerge was quite obvious.At the time of Naramig/Amerge’s approval, only 10 percent of all migraine attacks were being treated with triptan drugs. This meant that 90 percent of migraine sufferers were either not being treated at all, or treated with relatively ineffective medications. Threats—Like Glaxo’s ? rst-generation triptan, Naramig/ Amerge’s biggest threat came from Zeneca’s Zomig. Although it was unclear how successful Zomig would be in stealing Glaxo’s market share and expanding the market through sales to the untapped 90 percent, what was clear was that Zomig was likely to be approved in both the U.K. and the U. S. prior to Glaxo obtaining approval for Naramig/Amerge. COMPETITION 60 Triptan Rx = 10% 526 Million Attacks Since its introduction in 1993, Imitrex/Imigran had clearly played a role in de? ning patient expectations. However, combining its awareness th at Zeneca was in the process of developing Zomig and the fact that Glaxo, as a company, was always looking to bring new medications and improvements to the forefront, Glaxo had worked on developing a secondgeneration triptan of its own.Company research revealed that for a new triptan product to be successful, patients and doctors would require it to be as effective as Imitrex/Imigran but with a longer duration of pain relief and a lower side effect pro? le. NARAMIG/AMERGE Naramig/Amerge, Glaxo’s second-generation triptan, was actually being developed prior to the launch of Imigran/ Imitrex. 7 Amerge/Naramig, only available in tablet form, tested to have both a longer duration and a lower side effect pro? le than Imigran/Imitrex.Although Naramig/Amerge was considered by Glaxo to be a better triptan than Imigran/Imitrex, in reality, there were attributes of Naramig/ Imigran that were inferior to those of Imigran/Imitrex. 7 Glaxo, as with Imigran/Imitrex, used the brand name Nar amig in the U. K. and the brand name Amerge in the U. S. for this new ‘‘triptan’’ drug. This decision was once again a product of market research. When Glaxo Pharmaceuticals acquired Burroughs Wellcome in 1995, they had already launched Imigran/Imitrex (1993). 740 †¢ Case 21 †¢ The Headaches of GlaxoWellcome However, Burroughs Wellcome was also developing a triptan of its own.When the takeover took place, the Federal Trade Commission (FTC) forced Glaxo Wellcome to divest one of its triptan formulations because of antitrust implications (i. e. , monopolization). Having already successfully marketed Imigran/Imitrex, Glaxo Wellcome of course chose to divest the triptan that Burroughs Wellcome had developed. (Burroughs only completed about 55 percent of the clinical trials. ) Zeneca purchased the rights to this incomplete triptan and ? nished the further development and application process of what came to be Zomig.Glaxo had the following assumptions a bout Zomig: powerful means of maximizing market share, Palmer was unsure of the logistics of such an approach and worried about the ethical considerations of focusing the promotion of their product in areas based on factors such as socioeconomic status. Also, Palmer considered the fact that such a strategy may overlook patient needs. 3. An Alternative: Whereby Glaxo would market Naramig as an alternative to Imigran/Imitrex, (e. g. , superior; different; similar). The pros of the ‘‘Alternative’’ strategy were that it could detract from competitor noise, and could in fact devalue the image of the econd-generation triptan. This latter aspect may be an effective way to combat Zomig. The biggest drawback of this strategy was the idea that if there were no clear message (in terms of the medication that was best for migraines) it could lead to confusion and hence hurt Glaxo’s image. 4. Replacement: Whereby Glaxo would discontinue the marketing of Imigran an d focus solely on Naramig. This option ? t well with the overall concept that Naramig was an overall superior drug to Imigran. It would also allow Naramig to gain all the bene? s of a new compound: ‘‘secondgeneration,’’ safety, and low recurrence. However, Palmer worried about the confusion that would accompany such an approach and if a ‘‘Replacement’’ strategy would devalue Glaxo Wellcome in the eyes of physicians and hospitals. 5. Don’t Launch: Whereby Glaxo would only continue to market Imigran and never launch Naramig. Although this strategy might class all triptans as the same, negating Zomig as a second-generation, Palmer had already made up his mind that not launching Naramig was a waste of an opportunity and of resources that went into developing the medication.There was also the consideration that Zeneca would still be able to accomplish marketing Zomig as a second-generation triptan and leave Zeneca with an open ? eld. Naramig in the U. K. Palmer and his team chose a ‘‘Replacement’’ strategy for Naramig. This involved ceasing all promotion of Imigran (except to the extent of sales for patients who were already using Imigran) and positioning Naramig as the recommended starting place for migraine patients. Palmer felt that replacement was the best way to attract triptan-na? atients and ? ve capture the untapped market. Glaxo focused the promotion around Naramig as a ‘‘patient-friendly’’ medication providing patients with the best relief on the market. The results showed that the replacement strategy met Glaxo U. K. expectations. Naramig proved to be effective for migraine headaches in the majority of patients. In terms of the 90 percent untapped market, Naramig was preferred by 67 percent of previous non-triptan users. Exhibit 6 shows worldwide sales of Glaxo Wellcome’s two triptan drugs.It is clear that the replacement strategy thwarte d the growth of Imigran, and that Zomig and Naramig were both successful in expanding the market. PRODUCT POSITIONING: U. S Mark Glackin was now faced with the same decision that Palmer was faced with 8 ? months earlier. What was the best strategy to market Amerge with respect to Imitrex in the U. S. †¢ Like Naramig/Amerge, Zomig had a lower recurrence rate than Imigran/Imitrex. †¢ Zeneca would be successful in marketing Zomig as a secondgeneration triptan even though it was the company’s ? rst triptan. This was simply an issue of timing. Zomig’s ef? cacy was comparable to Imigran/Imitrex. †¢ Zomig would be launched in both the U. K. and the U. S. prior to Naramig/Amerge gaining approval in both markets. PRODUCT POSITIONING: U. K Sir Benjamin Palmer sat in his of? ce weighing all the information he had just learned in the marketing meeting. There was only question to be considered; the considerations were complex; the answer to that question was crucial: the success of a major product line of Glaxo Wellcome hung in the balance. How should Glaxo Wellcome U. K. , position its new triptan Naramig?Palmer wondered how U. K. hospitals and doctors would react to Glaxo’s promotion of Naramig when Imigran had been the ‘‘gold standard’’ for the past 4 years and had captured 91 percent of the prescription migraine medication market share. Palmer’s bigger concern was how to position Naramig with respect to Imigran in order to capture the 90 percent of the market that was untapped (see Exhibit 4). Although Naramig was considered to be a better triptan than Imigran, perhaps there were new patients who would be partial to the characteristics of Imigran.Just as important was what positioning strategy would be the most effective in ? ghting off the attack of Zeneca’s Zomig that Palmer expected to be launched in the U. K. prior to that of Naramig. Palmer had been presented by the marketing team with ? v e positioning strategies for Naramig: 1. Based Segment: Whereby Glaxo would target its marketing efforts toward different patient types. (e. g. , adolescents; elderly; chronic migraine; Imigran/Imitrex nonresponders; and patients who do not tolerate Imigran). Using such a strategy would allow Glaxo to promote Naramig where Imigran was weak to increase market share.At the same time, though, it was not clear as to how the market should be segmented, or how able physicians would be to identify such segments. If in fact physicians had trouble identifying the different patient types, the effect may be to confuse the prescribing process. 2. Distribution Based Segment: Whereby Glaxo would segment the market based on distribution channels. (e. g. , hospitals only; clinics only; private channels; less wealthy areas). Although Glaxo considered this option to be a Case 22 †¢ Benetton †¢ 741 EXHIBIT 6 Sales (? m) 700 600 500 400 300 200 194. 04 100 35 0 8 6054 282. 588 362. 346 539. 4 51 Triptan Revenue 662. 12 671. 797 would have to consider this difference along with the differences in the respective health care systems. Would Glaxo U. S. be successful in using DTC advertising to offer a portfolio of migraine medication to various types of migraine patients, or should the U. S. follow a similar replacement strategy as the U. K. and position Amerge as the best migraine medication available. Glackin considered the same 5 options for Amerge positioning as Palmer had considered 8 ? months earlier for Naramig: 1.Clinical/Patient Based Segmentation 2. Distribution Based Segment 3. An Alternative to Imitrex 4. A Replacement for Imitrex 5. Don’t Launch Amerge at All DISCUSSION QUESTIONS 1993 1994 Imigran 1995 1996 Zomig 1997 1998 Naramig market? Glackin had several considerations to keep in mind including the results of the ‘‘Replacement’’ strategy chosen in the U. K. , and the effect of Zomig as a competitor. As was the case in the U. K. , Imitrex had largely de? ned the market for migraine medication and had been quite successful in capturing customers.Glackin also expected that Zomig would be launched in the U. S. prior to that of the approval of Amerge. The U. S. had recently legalized DTC advertising. Glackin 1. Why is GlaxoWellcome introducing a second migraine medication? 2. How should GlaxoWellcome position Naramig in the U. K.? 3. Was the actually chosen strategy (option #4) the best decision? 4. How should GlaxoWellcome position Amerge in the U. S.? C ASE 22 BENETTON COMPANY BACKGROUND Benetton was founded as a single shop in Italy in 1965. Three years later the company expanded into France.Eventually, Benetton spread throughout Europe and by 1979 it was established in the United States. Benetton Group S. p. A is a unique global group that is a part of a larger organization known as the Edizione Holding Group. This is the holding company through which the Benetton family has ownership in many different b usinesses including hotels, publishing, and real estate. The Edizione Holding Group as well as the Benetton Group was founded by the Benetton family, which is made up of four siblings: Luciano, Chairman; Gilberto,Deputy Chairman and Joint Managing Director; Carlo, Director; and Giuliana, Director, who own and run the company as shown in Exhibit 1. Luciano’s son, Alessandro, is also one of the eight Directors. This global Benetton Group specializes in designing and manufacturing of clothing within the textile-apparel sector of industries, and combines this know-how with the strong identity and image of world-leading sports brands that have been incorporated through the acquisition of the Benetton Sportsystem business.These sports brand names are encompassed under the Playlife label and include Rollerblade, Killer Loop, Prince, and Nordica. The clothing sector includes casual and sportswear, consisting of the Sisley, United Colors of Benetton (UCB), and Undercolors of Benetton brands, which are mainly produced and distributed by the Automated Distribution Center in Castrette, Italy, the factory that produces over 90 million items of clothing each year. There are production facilities in France and Spain as well. These ? ished and packaged products are the dominant production category for the company and are distributed directly to the Benetton Group’s 7,000 retail stores located in 120 countries, of which only 55 stores are owned by the company, with the remaining stores independently owned and operated. The second production category for Benetton comprises the sports equipment and performance-wear item and a third category encompasses items such as footwear, bags, and accessories. Benetton’s overall turnover amounts to about 4,000 billion lire.Recently, in 2003, the company initiated an effort to diversify away from its main clothing business by moving to acquire Italian highway operator, Autostrade. This case was prepared by Eunjung Jenny Chun, Juliet Freedman, and Nicole Parker and updated by Sonia Ketkar of the Fox School of Business and Management at Temple University under the supervision of Professor Masaaki Kotabe for class discussion rather than to illustrate either effective or ineffective management of a situation described (2003).

Human Rights and Food Security

A PAPER ON: ‘Human rights and food security’ _______________________________________ PRESENTED BY: SHASHANKA KUMAR NAG LL. M- THIRD SEMESTER HIDAYATULLAH NATIONAL LAW UNIVERSITY RAIPUR, CHHATTISGARH Address: Shashanka Kumar Nag LL. M (Third Semester) Boys Hostel, B- Block, Room No. F-32 Hidayatullah National law University Uparwara Post, Abhanpur New Raipur – 493661 (C. G. ) Mobile: 09804513485, 08817104782 E-mail- [email  protected] com DECLARATION I declare that the work submitted by me for this seminar is a result of my own effort.I affirm that there is no plagiarism and copying, either partially or entirely, from someone else's works, without giving proper credit and acknowledgement to the source(s)/author(s). INTRODUCTION â€Å"There are people in the world so hungry, that God cannot appear to them except in the form of bread. † Mahatma Gandhi Human rights are commonly understood as â€Å"inalienable fundamental rights to which a person is inherent ly entitled simply because she or he is a human being. Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world.Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The ancient world did not possess the concept of universal human rights. Ancient societies had â€Å"elaborate systems of duties†¦ conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights†.The modern concept of human rights developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics. The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval Natural law tradition that became prominent during the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and featured prominently in the political discourse of the American Revolution and the French Revolution.The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948, partly in response to the atrocities of World War II. Although the UDHR was a non-binding resolution, it is now considered by some to have acquired the force of international customary law which may be invoked in appropriate circumstances by nati onal and other judiciaries. The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights as part of the â€Å"foundation of freedom, justice and peace in the world. The declaration was the first international legal effort to limit the behaviour of states and press upon them duties to their citizens following the model of the rights-duty duality. The right to food, and its variations, is a human right protecting the right for people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition.The right to food does not imply that governments have an obligation to hand out free food to everyone who wants it, or a right to be fed. However, if people are deprived of access to food for reasons beyond thei r control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly. Right to Food and right to be free from hunger are the human rights which are protected under various international human rights and humanitarian laws.Right to food is explicitly mentioned in the Article 25(1) of the Universal Declaration of Human Rights 1948; and the Article 11 of International Covenant on Economic, Social and Cultural Rights, 1966. It is also recognised in the Convention on the Rights of the Child 1989 and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Right to food of indigeneous people is implicit in the ILO Convention No-169 which is approved by 17 countries. Approximately 20 countries in the world have incorporated the Right to Food for their people. THE CONCEPT OF FOOD SECURITYWorld Development Report (1986) defined food security as â€Å"access by all people at all times to enough food for an active, healthy life. According to Food and Agricultural Organisation (FAO) of the UNO, â€Å"Food security exists when all people at all times have access to sufficient and nutritious food to meet the dietary needs and food preference for an active and healthy life. † Staatz (1990) defined food security as â€Å"The ability to assure, on a long term basis, that the food system provides the total population access to a timely, reliable and nutritionally adequate supply of food. Thus food security may be of short-term or sustainable. In case of short-term food security we consider food security of the present population only. But in case of sustainable food security we consider the food security not only of the present generation but also of the future generation as well. According to Swaminathan, â€Å"Sustainable food security means enough food for everyone at present plus the ability to provide enough food in future as well. † In the long-run sustainable food security is very important. ELEMENTS OF FOOD SECURITY Food security is a state of being.Like literacy or good health, food security is a state that everyone wants to enjoy. Governments have decreed that every person has an inalienable right to food. The fundamental purpose of economic activity is to ensure adequate access to food for oneself and one’s family. The primacy of food security as an objective for human activity is reflected in the frequency with which the term â€Å"food security† appears in UN declarations and NGO advocacy efforts. The World Trade Organisation (WTO) Agreement on Agriculture acknowledges the legitimacy of food security concerns.South Africa, Brazil and Norway have all enshrined the right to food in law. There are basically three principle elements of Food Security. These are: Supply: Global food production has by and large kept up with or exceeded demand over the past century. The application of new technologies to agriculture, including mechanized vehicles to till, plant and harvest crops; improved seed and breeding stock; and the use of herbicides, pesticides and inorganic fertilizers, has vastly increased productivity.At the same time , one third or more of agricultural land used to be dedicated to growing fuel (wood to burn) or feed for the animals that provide muscle for transportation and production (hay for horses and oxen). Much of that land is now available to grow food for humans instead, adding to the total overall supply. Distribution: Distribution depends on such things as markets, transportation, infrastructure, relative purchasing power and the source and nature of the supply.Where the food is traded commercially , the volume and type of food traded is related to purchasing power and the ease with which the trader can reach a market. Access: Food security is about individuals , families and communities, not about regional and national aggregates. That is why, supply is only one piece of the food security puzzle. Only rarely does a whole country face hunger or famine. Rather, when the food supply is insufficient, those with greater purchasing power get food while those without sufficient income or entitlement go hungry.CONSTITUTIONAL PROVISIONS FOR ENSURING FOOD SECURITY In India there is a deeply rooted tradition of respect for food – it stresses the importance of growing and sharing food. Sharing or offering food is a universal tradition shared by all religious entities that have roots in the Indian soil. Accordingly, in 1950, India adopted a very progressive Constitution aimed at ensuring all its citizens social, economic and political justice, equality, and dignity. Therefore any law to be valid in Indian Territory must be within the constitutional framework.Like in many countries of the World the â€Å"The Right to Food† in Indian Constitution is not recognized as a â€Å"Fundamental Right†. Therefore, there is no constitutional m andate to have a claim over it. Regarding right to food, one has to look for relevance in Article 21 of the Constitution, entitled â€Å"Protection of life and personal liberty† and Article 47 â€Å"Duty of the state to raise the level of nutrition and the standard of living [†¦]† as well as in judicial interventions of the Supreme Court and various Acts, which have cumulatively strengthened the right to food in India.Knowing the constitutional and legislative framework in India regarding the right to food is crucial for identifying right to food violations and supporting victims in realizing their right to food. Indian Constitution Part III, Article 21 â€Å"Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except to procedure established by law. † The phrases â€Å"Protection of life† and â€Å"personal liberty† have called several times for interpretation. A series of judicial inter ventions and interpretations have deepened the normative content of this fundamental right.Indian Constitution Part IV: Directive Principles The right to food or in general the economic, social, and cultural rights are defined in Part IV of the Constitution as Directive Principles of State Policy, which are guidelines to the central and State Governments for framing laws and policies. The provisions are not enforceable by any court, but the principles laid down therein are considered as fundamental in the Governance of the country. There are several Articles under the Directive Principles offer remote relevance for the right to food, but the clearest statement regarding the right to food is provided by Article 47.Article 47:   Duty of the State to raise the level of nutrition and the standard of living and to improve public health. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs, which are injurious to health.Putting together Article 21 and 47 and various interpretations of the Supreme Court of one can safely say that the Government of India has a constitutional obligation to take appropriate measures to ensure a dignified life with adequate food for all citizens. The right to food can be regarded as a fundamental right by virtue of interpretation. NATIONAL MEASURES TO ENSURE FOOD SECURITY There has been a continous appeal to the Government for passing a legislation on food security.The government is likely to accept most of the recommendations of Sonia Gandhi-led National Advisory Council (NAC) on the proposed food security law despite warnings that the suggestions would add to subsidy burden, increase dependence on imports and distort the country's food economy. The food ministry has s et out plans that are in line with the NAC's proposal to widen the scope of the legislation, which seeks to provide legal guarantee of subsidised grains to the poor.Several experts have warned that the NAC recommendations would force the government to substantially raise its grain procurement, which in turn would lead to a larger subsidy burden on its already stretched finances. The council had proposed legal subsidised food entitlements for at least 72% of the country's population in Phase-I by 2011-12. The NAC had also proposed legal subsidised food entitlements for 75% of the country's population, covering the ‘priority' (below the poverty line) and ‘general' (above the poverty line) households, in Phase-II by 2013-14. National Food Security Bill, 2011The government has introduced the much anticipated National Food Security Bill — a legislation aimed at shoring up the UPA's support base — in Parliament. The â€Å"landmark social legislation† will guarantee grain at extremely cheap rates to more than half of the population. Food minister KV Thomas, who introduced the bill in the Lok Sabha amid thumping of desks by Congress members led by party president Sonia Gandhi, said that it would ensure that all Indians â€Å"live a life with dignity†. The bill marks a shift in approach to the problem of food security — from the current welfare paradigm to a rights-based approach.The proposed legislation confers eligible beneficiaries the legal right to receive grain at highly subsidised prices. The National Food Security Bill, 2011, considered to be the world's largest experiment in ensuring food security to poor, has been a key project of Congress president Sonia Gandhi. The bill brings under its purview 63. 5% of the country's population —75% of rural households and 50% of urban households. The bill classifies all entitled households as â€Å"general† and â€Å"priority†. At least 46% of rural house holds and 28% of urban households would be designated as â€Å"priority†.Every person belonging to a â€Å"priority household† will be provided with 7kg of grain per month, comprising rice, wheat and coarse grain. Rice will be provided at Rs 3, wheat at Rs 2 and coarse grain at Rs 1 per kg. Others belonging to the â€Å"general category† would be entitled to not less than 3kg of grain per month at a rate not exceeding 50% of the minimum support price. Once passed, the food subsidy bill is expected to rise to Rs 95,000 crore. Initial estimates pegged the increase in subsidy at nearly Rs 28,000 crore.However, on Thursday, the government made a downward revision of the additional burden on the central government — between R 21,000 crore to R 23,000 crore. The bill's financial memorandum estimates the total annual expenditure on food subsidy under the targeted public distribution system at about Rs 79,800 crore. â€Å"The estimate of food subsidy is however dependent, among other things, upon economic cost, central issue of price of grain, number of beneficiaries covered and quantities of grain allocated and lifted, and therefore subject to change with changes in any or all of the variables affecting food subsidy,† the memorandum states.Experts maintain that the annual increase would be to the tune of Rs 27,500 crore. However, Thomas said â€Å"an additional amount of not more than about Rs 20,000-21,000 crore annually would be required by way of subsidy. † The minister argued since the food bill merges many ongoing programmes meant for women, children and the poor, there would be no additional financial burden. The total financial liability to implement the law is expected to be Rs 3. 5 lakh crore, with funds being required to raise agriculture production, create storage space and publicity.A sum of roughly Rs 1,11,000 crore would be required to boost farm output with grain requirement increasing, on account of this inter vention, from 55 million tonne to 61 million tonne annually. Thomas stressed that â€Å"this Rs 1,10,600 crore is not an additional burden. We need to invest in agriculture to boost production anyway†. The proposed law entitles every pregnant woman and lactating mother to meal free of cost during pregnancy and six months after childbirth. Cash benefits of Rs 1,000 per month to meet increased food requirements of pregnant women would be provided for the first six months of pregnancy.At Rs 1,000 per month and covering 2. 25 crore women, an expenditure of nearly Rs 13,500 crore has been estimated. This will be borne by the central government and the states. Schemes to Ensure Food Security: There are also certain central food schemes and other assistance programmes for the poor in India. These are: * Targeted Public Distribution System; * Antyodaya Anna Yojana; * Mid-day meal scheme; * Annapoorna Yojana; * Integrated Child Development Services; * National family benefit scheme; * National maternity benefit scheme; and National old age pension scheme. The Public Distribution System (PDS) Public Distribution System (PDS) is an Indian food security system. Established by the Government of India under Ministry of Consumer Affairs, Food, and Public Distribution and managed jointly with state governments in India, it distributes subsidised food and non-food items to India's poor. Major commodities distributed include staple food grains, such as wheat, rice, sugar, and kerosene, through a network of Public distribution shops (PDS) established in several states across the country.Food Corporation of India, a Government-owned corporation, procures, maintain and issue food grains to the state. Distribution of food grains to poor people throughout the country are managed by state governments. As of date there are about 4. 99 lakh Fair Price Shops (FPS) across India. Annapoorna Yojana This scheme was started by the government in 1999-2000 to provide food to senior citi zens who cannot take care of themselves and are not under the targeted public distribution system (TPDS), and who have no one to take care of them in their village.This scheme would provide 10  kg of free food grains a month for the eligible senior citizens. The allocation for this scheme as off 2000-01 was Rs 100 crore. Antyodaya Anna Yojana Antyodaya Anna Yojana (AAY) is an Indian government sponsored scheme for ten millions of the poorest families. It was launched by NDA government in December 2000. It is on the lookout for the ‘poorest of the poor' by providing them 35 kilos of rice and wheat at Rs. 2 per kg. Mid-Day Meals Scheme The Midday Meal Scheme is the popular name for school meal programme in India which started in the 1960s.It involves provision of lunch free of working days. The key objectives of the programme are: protecting children from classroom hunger, increasing school enrollment and attendance, improved socialization among children belonging to all caste s, addressing malnutrition, and social empowerment through provision of employment to women. The scheme has a long history, especially in the state of Tamil Nadu. The scheme was introduced statewide by the then Chief Minister K. Kamaraj in the 1960s and later expanded by the M. G. Ramachandran government in 1982.It has been adopted by most Indian states after a landmark direction by the Supreme Court of India on November 28, 2001. The success of this scheme is illustrated by the tremendous increase in the school participation and completion rates in Tamil Nadu. Status of the Food Schemes in India The framework of the right to food is one of the basic economic and social rights that are essential to achieve the â€Å"economic democracy† without which political democracy is , at best, incomplete. The right to food is nowhere being realized in India.The schemes introduced by the Government are well designed, yet their implementation has been poor. In India, food security exists at the macro level in terms of physical access to food. Economic access is far from satisfactory, both at the micro as well as the macro level. The statement that economic access to food is far from satisfactory is confirmed by the fact that a significant proportion of the society lives in poverty and is malnourished. This section of the society is underprivileged and has less voice. INTERNATIONAL INSTRUMENTS TO ENSURE FOOD SECURITYThe right to food imposes on all States obligations not only towards the persons living on their national territory, but also towards the populations of other States. These two sets of obligations complement one another. The right to food can only be fully realized where both ‘national’ and ‘international’ obligations are complied with. CONSTITUTION OF FAO, 1965 Preamble The Nations accepting this Constitution, being determined to promote the common welfare by furthering separate and collective action on their part for the purpos e of: raising levels of nutrition and standards of living†¦ and thus†¦ nsuring humanity's freedom from hunger. WORLD FOOD SUMMIT PLAN OF ACTION, 1996 Commitment Seven We will implement, monitor and follow-up this Plan of Action at all levels in cooperation with the international community. Objective 7. 4 To clarify the content of the right to adequate food and the fundamental right of everyone to be free from hunger, as stated in the International Covenant on Economic, Social and Cultural Rights and other relevant international and regional instruments, and to give particular attention to implementation and full and progressive realization of this right as a means of achieving food security for all.To this end, governments, in partnership with all actors of civil society, will, as appropriate: a. Make every effort to implement the provisions of Article 11 of the International Covenant on Economic, Social and Cultural Rights (the Covenant) and relevant provisions of other i nternational and regional instruments; b. Urge States that are not yet Parties to the Covenant to adhere to the Covenant at the earliest possible time; c. Invite the Committee on Economic, Social and Cultural Rights to give particular attention to this Plan of Action in the framework of its activities and to continue to monitor the mplementation of the specific measures provided for in Article 11 of the Covenant; d. Invite relevant treaty bodies and appropriate specialized agencies of the UN to consider how they might contribute, within the framework of the coordinated follow-up by the UN system to the major international UN conferences and summits, including the World Conference on Human Rights, Vienna 1993, within the scope of their mandates, to the further implementation of this right; e.Invite the UN High Commissioner for Human Rights, in consultation with relevant treaty bodies, and in collaboration with relevant specialized agencies and programmes of the UN system and appropri ate intergovernmental mechanisms, to better define the rights related to food in Article 11 of the Covenant and to propose ways to implement and realize these rights as a means of achieving the commitments and objectives of the World Food Summit, taking into account the possibility of formulating voluntary guidelines for food security for all. UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948Article 25 Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food†¦ INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 1966 Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food.  · The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. 2.The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international cooperation, the measures, including specific programmes, which are needed: a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; b.Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need. Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the fu ll realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD, 1989 Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to health care services. 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: c. o combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods. d. to ensure that all segments of society, in particular parents and children, are informed, have access to education and are suppor ted in the use of basic knowledge of child health and nutrition. Article 27 States Parties, in accordance with national conditions and within their means†¦ shall in case of need provide material assistance and support programmes, particularly with regard to nutrition.Apart from these the Right to Food has also been recognized in many specific international instruments as varied as the 1948  Genocide Convention  (Article 2), the 1951 Convention relating to the Status of Refugees  (Articles 20 and 23),  the 1989  Convention on the Rights of the Child  (Articles 24(2)(c) and 27(3)), the 1979  Convention on the Elimination of All Forms of Discrimination Against Women  (Articles 12(2)), or the 2007Convention on the Rights of Persons with Disabilities  (Articles 25(f) and 28(1)). JUDICIAL INTERPRETATIONS 1.KISHEN PATTNAYAK VS. STATE OF ORISSA, In this petition, the petitioner wrote a letter to the Supreme Court bringing to the court’s notice the extreme pover ty of the people of Kalahandi in Orissa where hundreds were dying due to starvation and where several people were forced to sell their children. The letter prayed that the State Government should be directed to take immediate steps in order to ameliorate this miserable condition of the people of Kalahandi. This was the first case specifically taking up the issue of starvation and lack of food.In this judgement, the Supreme Court took a very pro-government approach and gave directions to take macro level measures to address the starvation problem such as implementing irrigation projects in the state so as to reduce the drought in the region, measures to ensure fair selling price of paddy and appointing of a Natural Calamities Committee. None of these measures actually directly affected the immediate needs of the petitioner, i. e. to prevent people from dying of hunger. More importantly, the Supreme Court did not recognise the specific Right to Food within this context of starvation. . PUCL VS. UNION OF INDIA, This is a landmark case relating to Right to Food and food security. This case, technically known as â€Å"PUCL vs Union of India and others (Writ Petition [Civil] No. 196 of 2001)†, is handled by an advisory group consisting of a few members from the People's Union for Civil Liberties (PUCL), Human Rights Law Network (HRLN), former support group of the RIght to Food Campaign and other active individuals in the campaign. Supreme Court hearings have been held at regular intervals since April 2001, and the case has attracted wide national and international attention.Although the judgment is still awaited, significant â€Å"interim orders† have been passed from time to time. For instance, the Supreme Court has passed orders directing the Indian government to: (1) introduce cooked mid-day meals in all primary schools, (2) provide 35 kgs of grain per month at highly subsidized prices to 15 million destitute households under the Antyodaya component of the PDS, (3) double resource allocations for Sampoorna Grameen Rozgar Yojana (India's largest rural employment programme at that time, now superseded by the Employment Guarantee Act), and (4) universalize the Integrated Child Development Services (ICDS). . CHAMELI SINGH VS. STATE OF U. P. , In this case, it was held that right to life guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. The method in which the constitutional social rights or the DPSP have been enforced or made justifiable by the Supreme Court has been through an expansion of the existing fundamental rights, particularly the Right to Life guaranteed in Article 21. CONCLUSION Starvation deaths and high prevalence of hunger clearly show that India needs to wake up.The judiciary cannot monitor the implementation of the schemes forever. The government needs to review policy from time to time and take corrective measures for effective implementa tion of different schemes and programmes, establish effective mechanisms of accountability and ensure the right to food for all. As the problem of food insecurity relates to both the demand and supply of food, a solution could be to empower people towards greater purchasing power, as well as addressing the inadequacy of the distribution system, and checking corruption and leakages.Awareness among the people with regard to their right to food can escalate the process of equitable distribution and thus help to realize the right to food for all citizens. The right to food is not just a basic human right, it is also a basic human need. It essentially requires the state to ensure that at least people do not starve. Implementation of the right to food does not imply that impossible efforts be undertaken by the states. The obligation to protect and respect the people compels the state to implement the right to food effectively, without recourse to extensive financial means. — Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€œ 2 ]. Food Crisis and Sustainable Food Security in India by Jaydeb Sarkhel [ 3 ]. Right to Food- Reforms and Approaches, 2007, The Icfai University Press, pp5-6 [ 4 ]. Dev, S. M, and R Evenson (2003) ‘Rural Development in India:Rural, Non-farm and mitigation’ SCID Working Paper No. 187. [ 5 ]. See available at http://socialissuesindia. wordpress. com/2010/08/05/human-rights-to-food-in-indian-constitution/ [ 6 ]. See available at http://articles. economictimes. indiatimes. com/2011-05-23/news/29574365_1_nac-recommendations-food-security-law-food-entitlements [ 7 ]. See available at http://articles. economictimes. ndiatimes. com/2011-12-23/news/30550903_1_food-subsidy-national-food-security-bill-grain [ 8 ]. Right to Food- Reforms and Approaches, 2007, The Icfai University Press, p. 230 [ 9 ]. As amended in 1965. [ 10 ]. Adopted by the World Food Summit, Rome, 13 to 17 November 1996. FAO. 1997. Report of the World Food Summit, Part One. Rome [ 11 ]. Adopted by the General Assembly on 10 December 1948. UN doc. A/811. [ 12 ]. General Assembly Resolution 2200 A (XXI), Annex, of 16 December 1966. [ 13 ]. General Assembly Resolution 44/25, Annex, of 20 November 1989. [ 14 ]. AIR 1989 SC 677. [ 15 ]. 2001. [ 16 ]. (1996) 2 SCC 549.

Development of a New Zealand Identity Essay

My report’s focus is to see how the New Zealand identity is portrayed in New Zealand art and literature. The texts I chose come from the early nineteenth century – The Piano – to the 1940s in Frank Sargeson’s short stories. Even though these texts may not be very modern, you can still see that there are a number of different factors that are in them which link to my theme. New Zealand Society In the short story ‘The Hole that Jack Dug’ and in the song ‘Whaling’, the male belongs to the working class. In â€Å"The Hole that Jack Dug†, Jack is a married man who a worker at a quarry. His wife doesn’t like that he does not get a better job, such as one in an office. Even though Jack has the ability to get a better job, he prefers labouring than anything else. In ‘Whaling’ this man is stuck as a whaler for a job, possibly because he lacks proper education. â€Å"But I’m whaling†¦ Not where I want to be. † This lack of education forced him into a job he didn’t want, which might have been what men had to do at the time. This brings up another issue of women being better educated than men. This can be seen in ‘The Hole that Jack Dug’ where Jack’s wife is educated in England. â€Å"†¦ she’d been a governess †¦ read more than ten books by an author called Hugh Walpole. † Because she is interested in literature and Jack isn’t, their marriage isn’t a very good one. Jack shows rebellion against her and her interests, because of her resentment towards him. This can be seen as New Zealand not valuing education during the time which led to people like Jack having working class jobs. These working class jobs can be seen as a New Zealand tradition. Jack and the Whaler were both labourers, a line of work which has continued its way into our modern times. This is evident by the fact the New Zealand has a successful farming industry which requires a large amount of labour. It can also be linked to today’s New Zealand men, who are do it yourself type people who like to fix things themselves. Men and women have not always got along well, as seen in Jane Campion’s film The Piano. The Piano follows a widow and her daughter. The widow has been married by her father to a New Zealand settler. Because Ada is mute and the act that she wasn’t very willing to be married creates problems with her new husband. Ada enjoys playing the piano, an issue that her husband doesn’t care too much about. Ada also has an affair with one of her husband’s workers which makes him so angry that he cuts off her finger. This conflict between men and women can be seen today in the form of sexism and increasing divorce rates. Th is is also shown in ‘ The Hole that Jack Dug’ where Jack’s wife convinces him that the hole was a bad idea and gets him to refill it. This is seen today as women overcome sexism. People like Helen Clark are elected in high positions in our society instead of men. Stereotypes In all of the short stories that I studied, one issue became clear: men don’t say much. This is shown in the ‘They Gave her a Rise’ and ‘The Making of a New Zealander’, both by Frank Sargeson. In ‘They Gave her a Rise’ the male in the story doesn’t say much. In ‘The Making of a New Zealander’, there is a young farmhand. Even though the story is centered around him, the narrator says very little â€Å"Maybe there’s nothing in it and maybe there is. This is often hard to understand, which is maybe why they didn’t say much. It is clear that there are many different sides to the New Zealand identity and they are shown in great depth and detail in NZ literature, and that there are indeed many different viewpoints of it. In the majority of my texts the issue of working class was dealt with more than the other issue s. The importance of working class is still seen in modern NZ society. I think it is a good thing that these issues have had the effect they have because if society keeps advancing, then so will our sense of identity.

International Human Resource Management in context Essay

International Human Resource Management in context - Essay Example It will consider examples of various MNCs operating in different countries and will conclude with the outcome of the essay. Human Resource Management is a broad term for personnel policies, recruitment and staffing, training and development, redundancy and other broad issues involving the workforce of an organization. Human Resource Policies are influenced by internal and external policies of an organization. Internal policies include management style and degree of centralization. The culture of host and home countries comes in the external factors of the organization. Together with government policies, culture makes the most important factor influencing the human resource management policies of multinational organizations. The problem arises when a company operates in two countries one of which is developed and other is a developing organization. A company may have very strict recruitment and staffing policies of an organization. However, it may not be able to follow such stringent policies when operating in a developing country. Similarly, the Multinational Corporations may also not have luxury of having a high-level staff in the organization given that the culture of a developing country may not put too much focus on high level of education. This may lead the MNC to hire people that do not meet their criteria of recruitment and selection. This is one way the culture of a developing country may affect the MNC organization’s HRM policies (Amba-Rao, 1994). Apart from cultural difference, the legal environment of business dawns an important influence on the HRM practices. The studies done in the field state those legal requirements are the driving force of all managerial practices including Human Resource Policies in different parts of the world. Similarly, the culture, proficiency in foreign language, ability to follow foreign policies and having different objective from a job are all important factors that

History Article Example | Topics and Well Written Essays - 750 words

History - Article Example ich changed milk into cheese, meal into bread, malt into beer, and flesh into bacon.† (Ulrich, p.48) Further, â€Å"preparing the simplest of meals required both judgment and skill...The most basic of housewifes skills was building and regulating fires – a task so fundamental thtat it must have appeared more as habit than craft. Summer and winter, day and night, she kept a few brands smoldering, ready to stir into flame as needed.† (Ulrich, p,47) Simple as these activities might sound, one becomes an expert in them through long and arduous training during their formative years. Often times, women use intuition and common sense to supplement the skills they leart from their mothers and aunts to carry out these complex and challenging household tasks. Given that the colonial society was an agrarian society, the housewifes domain extended â€Å"from the kitchen and its appendages, the cellars, pantries, brewhouses, mikhouses, washhouses, and butteries which appear in various combinations in household inventories, to the exterior of the house, where, even in the city, a melange of animal and vegetable life flourished among the straw, husks, clutter and muck†. (Ulrich, pg. 45) In order to handle all of these places on an everyday basis and single-handedly requires high skilfulness and presence of mind – both qualities women in colonial America possessed in abundance. How did colonial American women participate in economic activities that helped sustain their families, even if they did not have a job outside the home? In other words, what sort of things did they do? The importance and complexity of womens contributions were not acknowledged due to the subordinate status assigned them by society and also due to the fact that their activities were confined within household limits. Whereas men, by virtue of involving themselves in more conspicuous labor activity in the open farms were easily recognized as the breadwinners and providers for their families.

Business law and ethics Essay Example | Topics and Well Written Essays - 1750 words

Business law and ethics - Essay Example Moreover, the acceleration speed must be regulated by stating the safety factor. Brake pedal pressure signal plots that the underlying driver normally applies on the brake pedal during the period of its operation on the vehicle stationary. Moreover, the brake pedal pressure goes to zero and there is sharp transition in the accelerator pedal pressure signal. Dynamic of the underlying pressure is also defined as the rate of alteration in the pressure applied on the pedal pressure by the corresponding driver. Thus pressure mainly aids in the apply friction that aids in the stopping of the brake pedals. Problem solving models that is will utilize in making my final decision would be employment of the SWOT analysis and PEST analysis models. SWOT analysis will assist me in examining the underlying potential and corresponding suitability of the Zero Pedal in the Eastern market. The decision making will mainly incorporate appropriate tools and process. The question that I would ask will pert ain to the definition and clarification issue of defects, collecting of all the facts and comprehending causes of the Zero Pedal defects. Moreover, I will brainstorm about the probable alternatives and solutions by comparing those alternatives. I will then choose the best alternative that compromises the decision. Then I will ensure that the designers of the Zero Pedal implement the chosen alternative by following up. A2. I will not recommend my company to pay the special $5,000 fee to have the prevailing Zero Pedal on the underlying shelves of the corresponding sporting goods store. This because the its operation that ought not to exceed 100 degrees Fahrenheit since the temperature of the store rooms might rise above that thus posing a lot of negative risk. Moreover, the process is not legal since it does follow the outline procedures that Green Move Company has put in place in regard to ordering and stocking its commodities. A3. Green Move can apply the cost/benefit analysis in th e latency stage in regard to the safety concerns while looking for the permanent solution to the problem. Cost benefit analysis will aids them in disposing the present stock and increasing the market base for its products. Nevertheless, the are numerous risks in the undertaking of the cost benefit analysis because they will be exposing the users of the commodities to a lot of risks that might derail their market coverage and consequently spoil the public image of the company in case the explosion of the products occur. Questions B B.1 Robert should try to improve the condition of the Solar Group since the Solar Group manufacturers of the corresponding solar panels are fundamental in the production of the Zero Pedal. Termination the underlying agreements will make the Green Move company to experienced serious problems since solar panels are chief components in the manufacture of the Zero Pedal. Thus, Robert has one option of improving the condition of the Solar Group situated in Bang ladesh to conform to the required standards by employing workers of appropriate ages. He ought to enforce the Solar Group that was stipulates that no children ought to be employed in the Solar Group and the employees must also be treated fairly. Green Move Company interest is at stake since Solar Group produces Solar panels that are fundamental in the production of the Zero Pedal. So they must force the company to conform to the