Performance Management Cycle Properties

Performance Management Cycle Properties The performance management cycle is a premiere technique used by many companies to guide their performance management system. It is regarded as a continuous, future oriented and participative system; as an ongoing cycle of criteria setting, monitoring, informal feedback from supervisors and peer, formal multisource assessment, diagnosis and review action planning and development resourcing (Bach1999; Williams 2002). The Performance Management cycle involves a continuous learning process as stated by Kaufman, R., Thiagarajan, S., MacGillis, P.1997 Performance is not a one shot process, it is ongoing. The continuous improvement and quality management process is vital. An organisations survival depends on it to be done correctly and consistently. Though the above authors identified that it is a continuous process Bach1999; Williams 2002 went on to say that it is far more than a simple process, there are many facets of this cycle. The Performance Management cycle comprises of planning, monitoring, developing, rating and rewarding and back to planning again Neely (1998), but on the other hand, many view performance management to be one step process of appraising the individual only, but as the following cycle explains there is more to performance management than appraising. This cycle provides a framework to help organisations and employees better manage the process of performance management which aids in the future success of the organisation. This research will analyse each aspect of this cycle to assess how it relates to the processes being used at AATT. Performance Management Cycle PLANNING The first step of this continuous cycle is to plan. Planning entails developing and setting performance objectives. Armstrong (2004:488) defines objectives as what organizations, functions, departments and individuals are expected to achieve over a period of time. It is important that company values and goals used as the basis for goal setting be understood and communicated to all employees and managers. Objectives, or goals, are the foundation for good performance. These objectives are used to provide a well thought-out approach to the achievement of the desired performance level for individuals and teams. Employees are usually involved in the planning process, this helps them understand their goals of the organization, what needs to be done; why it needs to be done and how well it should be done. Many companies involve their employees in the process so they can identify and understand the required behaviours. This enables the company to produce plans to meet the objectives of the company and enhance the knowledge, skills and competencies, also reinforcing desired behaviours. This was reinforced by Ducker (1954), He stated that the planning process typically done by senior managers should be prepared by all employee, they should partake in the strategic planning process which would give the employees a sense of ownership and responsibility to fulfil their objectives. Drucker (1954) also contradicted his statement by saying managers are responsible for achieving results. However the researcher is of the opinion that the planning phase should not be left to the managers alone as the employee are the lifeline of an organisation and careful planning and involvement of the employee will encourage them to work along their seniors to foster a successful company. An analysis will be conducted to identify whether this step currently is being enforced at AATT and if the result of this is clear and concise objectives. Monitoring Monitoring entails continuously measuring performance and its effectiveness in achieving the organisation set objectives in the planning process. It also allows the company to update and refine any current and future demands which may arise. This enables the organisation to stay on the right part. During the monitoring phase, its important to keep notes. Document both positive and negative performance issues, and make notes consistently throughout the performance management cycle. Specific instances should be looked at when employees meet and exceed expectations, and when they fall short of performance goals. These notes should be objective, job-related and accurate, focusing on behavior and void of personal option and emotion. Based on these findings the supervisor will be able to identify the employees strengths and shortcomings. The shortcomings are then addressed in the developmental stage of the performance cycle. Development At the development stage the developmental needs of the employee are assessed and addressed. This phase focuses on the improvement of current knowledge and skills and also on the development of new ones. This improvement is done via coaching; training and giving assignments that challenges the employee to take on more responsibility which improves their skills and ability. At This development stage many companies offer training and developmental opportunities to their employees but on the other hand some companies completely disregard this stage of the performance management cycle as they see it as the employees responsibility to further their development and also they avoid the costliness of training programs. The researcher will look at how AATT assess and implements this phase and the employees reactions to implemented training programs. Appraising This phase of the cycle is most synonymous with performance management. It is regularly regarded as the only step in performance management, though this is not the case. At this phase in the cycle the employee is assessed on their performance. When used correctly, performance appraisals can be powerful career development tool and help a company retain its current workforce by boosting performance and morale. According to Flippo (1984) performance appraisal is the systematic, periodic and an impartial rating of an employees excellence in the matters pertaining to his present job and his potential for a better job. As stated this phase enables the company to measure the employee performance and assess if they are meeting the objectives set out at the planning phase, it also allows the company to identify the employee weaknesses, strengthens, and opportunities for further development/ promotion. He also went on to point out that it should be unbiased, this is of great concern for many e mployees as they something feels that the evaluator is prejudiced and they cannot highlight their concerns. The following factors are critical for an effective performance appraisal, these are: proper documentation, Clear cut objectives and goals, Simple understandable evaluation format, evaluation technique, communication and feedback. Picket (2003 pp 237-240) states that the performance review continues in many organisations despite evidence that it has the potential to be one of the most effective management tools in the entire kit. However, according to Steers and Black (1994), performance appraisal is one of the most important and often one of the most mishandled aspects of management. This scenario is one of great concern considering the importance of the evaluator to the success of the appraisal process; Imundo (1993 p158) stated that it is an inherent responsibility of those in managerial positions to pass judgment on what employees do with respect to meeting job requirements. He went on to say While individual employees are responsible for their own performance, it is supervisors who should shoulder overall responsibility for the performance of the unit under their direction. In light of the above, in todays organisation many managers have little or no training concerning the evaluation of employees. As a result of this lack of training supervisors are not equipped to provide proper assessment and effective feedback. Therefore sometimes employees are left up to the own initiative to manage their department and personal performance. Recent studies suggest that organizations fail to conduct effective rigorous, skills-based training and rater training with their managers (Fink, and Longenecker, 1998). Torrington and Hall (1991) stressed that appraisers need training on how to appraise and how to conduct appraisal interviews. However, many organisations stray from this and they provide the manager with the appraisal forms and instructions on how to complete the form and the rating schemes. This procedure currently utilized by organisations underhands the appraisal process. However, Bacal (2001 p 201) states that: Performance appraisal isnt about the forms. The ultimate purpose of performance appraisal is to allow employees and managers to improve continuously and to remove barriers to job success, in other words, to make everyone better. Forms dont make people better, and are simply a way of recording basic information for later reference. If the focus is getting the forms done, without thought and effort, the whole process becomes at best a waste of time, and at worst, insulting. Bacal highlighted that the mundane process of form filling is not what an appraisal is all about, you have to look at the bigger picture which is the successful attainment of the organisations strategic objectives and the success of the organisation. There are many techniques and methods to performance appraisal such as the traditional methods and the Morden methods. These are highlighted below: Traditional Methods Description Morden methods Description ESSAY APPRAISAL METHOD BEHAVIORALLY ANCHORED RATING SCALES(BARS) STRAIGHT RANKING METHOD HUMAN RESOURCE ACCOUNTING METHOD PAIRED COMPARISON 360-Degree-Performance-Appraisal Method CRITICAL INCIDENTS METHODS Management By Objectives(MBO) Method FIELD REVIEW CHECKLIST METHOD GRAPHIC RATING SCALE FORCED DISTRIBUTION The researcher will assess the above methods and examine the different approaches and methodologies which relates to Performance Management at AATT. If these factors are adhered to, they assist the company in formulating strategies for the employee future promotion and rewards. Rewarding The final phase in the cycle is rewarding. At the rewarding phase, the employee or team is recognized and acknowledged with regards to their ability to attain the organisations set objectives in the planning phase. These rewards may be monetary, non-monetary, such as praising the employee for a job well done, and promotions. The researcher will assess if and how AATT determines reward. What Should organisations manage? The most widely recognized and implemented approach to measure performance is the Balanced Scorecard Approach. This is now widely used as a strategy development and execution tool .This approach was developed by Kaplan and Norton (1992, 1996), it provides a system of aligning business actions to the vision and strategy of the organization, improving internal and external communications, and monitoring organization performance against strategic goals it focuses on measurement and evaluation using criteria that will provide a balanced view rather than using only the financial criteria. The four perspectives which Kaplan and Norton recommended that managers assess their employees on are: The financial perspective -This perspective measures the financial outcomes of the organisation. These may include profits, new commercial business ventures or it can be result based. The customers perspective An organisation success depends on their customers, as such, this perspective measures the customers satisfaction and their perception of the organisation. The data collected allows the organisation to gauge if they are effectively satisfying their customers needs and if there is a need for further improvement. The internal business perspective This perspective focuses on the organizations critical internal operations which enable the organisation to attain customer satisfaction. It includes the infrastructure, long and short term goals and objectives, organisational procedures, and human resources. The innovation and learning perspective This perspective cover the organisations ability to innovate, learn, and improve. This links directly with the values of the organisation. For the Balanced scorecard approach to be effective the manager should have the capability to observe and take note of several instruments and measures concurrently. It is frequently stated that one of the main benefits of the Balanced Scorecard, is that is translates strategy into action. However, despite its popularity Norreklit (2003) questioned the existence of a causal relationship between the different perspectives, the fact that this system does not address the needs and wants of all the stakeholders of a company; and the lack of theory behind the scorecard concept. Notwithstanding this criticism the balance scorecard approach has proven to be an appropriate tool to address the organisation performance and if the four perspectives are properly assessed in the end the company and their stakeholders will benefit from their success. As part of this research the researcher will use this universally known model to assess the performance measurement system at AATT. Performance management as a motivational tool. Understand each individuals motivations and triggers can assist an organisation to motivate their employee to perform at their maximum potential. Performance management is constantly associated with theories of motivation. There are several written motivational theories in literature, with the most popular being; Taylor (1890, 1911) Scientific Management, Maslows (1954) needs hierarchy theory, Locke and Ladham (1968, 1990) goal setting theory, Herzbergs 1957 two-factors theory, and Vroom 1964 expectancy theory. Frederick Winslow Taylor (1890, 1911), put forward the idea that workers are motivated mainly by pay. His Theory of Scientific Management argued that workers do not naturally enjoy work and so need close supervision and control; therefore managers should break down production into a series of small tasks. Workers should then be given appropriate training and tools so they can work as efficiently as possible on one set task. Workers are then paid according to the number of items they produce in a set period of time- piece-rate pay. As a result workers are encouraged to work hard and maximise their productivity. However this approach became repetitive and insulting to the workers as they felt like they were being treated like human machines. This theory is often linked to Macgregors two fundamental approaches to managing people, theory X and theory Y, namely theory X which speaks to employees being self-serving, unwilling to take on responsibility and essentially only working for money. It follows an authoritarian management style. On the other hand theory Y speaks to a participative management style saying work is as natural as rest or play, without the threat of punishment people will work to pursue organizational objectives and people accept and seek out responsibility, which is what the performance management cycle is all about, including the employee in the process. Elton Mayo went against those theories saying that workers are not just concerned with money but could be better motivated by having their social needs met whilst at work. This factor was ignored by Taylor. Mayo introduced the Human Relation School of thought, which focused on managers actively communicating to their employees, and treating them as individuals who have meaningful opinions. His theory most aligns with the paternalistic management style and incorporates elements of the performance management cycle, whereby employees are encouraged to give their opinion and work alongside management. Abraham Maslow (1954) in conjunction with Frederick Herzberg 1957 introduced the Neo-Human Relations School in the 1950s, which focused on the psychological needs of employees. Maslow put forward a theory that there are five levels of human needs which employees need to have fulfilled at work. These are identified in the figure below. It is a bottom up approach, he identified that if certain need cannot be met the person will not be motivated to move on to the other level. Whereas, Hertzbergs two-factor theory are hygiene factors and motivator factors. Hygiene factors speak to the need for a business to avoid unpleasantness at work. If these factors are inadequate for employees, they therefore can cause discontent at work. Hygiene factors include: Company policies and administration Wages, salaries and other financial remuneration Quality of supervision Quality of inter-personal relations Working conditions Feelings of job security Motivator factors are based on the individual need for personal development. When they exist, motivator factors actively create job satisfaction. If they are effective, then they can motivate an individual to achieve above-average performance and effort. Motivator factors include: Status Opportunity for advancement Gaining recognition Responsibility Challenging / stimulating work Sense of personal achievement personal growth in a job There are similarities between Maslow (1954) and Frederick Herzberg theories; they both suggest that needs have to be satisfied for the employee to be motivated. However, Herzberg argues that only the higher levels of the Maslow Hierarchy (e.g. self-actualisation, esteem needs) act as a motivator. The remaining needs can only cause dissatisfaction if not addressed. (Motivation in theory n.d.) These motivational theories can be applied to a wide range of management functions, but these will be used by the researcher to fulfil her objective of determine the Performance Management process as it relates to the motivation of employees in the workplace and how it is implemented in the organization and the impact it has on the motivation of employees. This chapter outlined literature key to the researchers study of performance management as it relates to AATT. The following chapter will address the methodologies the researcher will utilize to ascertain her objectives. Drucker, P., The Practice of Management, Harper, New York, 1954; Heinemann, London, 1955; revised edn, Butterworth-Heinemann, 2007 The Economist Guide to Management Ideas and Gurus, by Tim Hindle Flippo, E. B. 1984. Personnel management. 6th Ed. New York: McGraw-Hill Book Company. Steers, R.M. Black, J.S. 1994. Organizational behaviour. Ed. ke-5. New York: Harper Collins. Grote, R.C. Grote, D. 2002. The performance appraisal question and answer book: a survival guide for managers. AMACOM. Les Pickett, (2003) Transforming the annual fiasco, Industrial and Commercial Training, Vol. 35 Iss: 6, pp.237 240 Armstrong, M Baron, A 2005, Managing performance: Performance management in action. Chartered Institute of Personnel and Development, London. Weiss, Tracey B., and Franklin Hartle, Reengineering Performance Management, Breakthroughs in Achieving Strategy Through People, St. Lucie Press, Boca Raton, 1997. Pg 3-6 Kaufman, R. (1997). A Strategic Planning Framework: Mega Planning. In Kaufman, R., Thiagarajan, S., MacGillis, P. (Editors), The Handbook for Performance Improvement. San Francisco, CA: Pfeiffer Co/Division of Jossey-Bass Laurence S. Fink, Clinton Oliver Longenecker, (1998) Training as a performance appraisal improvement strategy, Career Development International, Vol. 3 Iss: 6, pp.243 251 Douglas Maxx, Robert Bacall. 2001. Perfect Phrases for Performance Reviews 2/E. McGraw-Hill Professional p 201. Neely A., Adams C. and Kennerley M, (2002), The Performance Prism: The Scorecard for Measuring and Managing Business Success, London, UK: Financial Times Prentice Hall Norreklit, H. (2003), The Balanced Scorecard: What Is the Score? A Rhetorical Analysis of the Balanced Scorecard., Accounting, Organisations and Society, Vol. 28, No. 6, pp. 591. KAPLAN, R. S. and NORTON, D. P. 1992. The Balanced Scorecard: Measures that Drive Performance, Harvard Business Review, Jan-Feb, pp. 71-79. KAPLAN, R. S. and NORTON, D. P. 1996. Using the Balanced Scorecard as a Strategic Management System, Harvard Business Review, Jan-Feb pp 75 -85. HERZBERG, F. et al. 1957. The motivation to work. 2nd ed. New York LOCKE, E.A. 1968. Towards a Theory of Task Motivation and Incentives, Organisational Behaviour and Human Performance, Vol. 14, No.2, pp. 157-189. LOCKE, E.A. and LADHAM, G.P. 1990. A Theory of Goal setting and Task Performance, New York, NY: Prentice-Hall. MCCLELLAND, P. C. 1975. Causal explanation and model building in history, economics and the new economy. Ithaca; London : Cornell University Press. Maslow, Abraham (1954). Motivation and Personality. Harper and Row New York: VROOM, V.H. 1964. Work and Motivation., New York, NY: John Wiley. TAYLOR, F. W. 1890. The rise of scientific management. Madison; London : University of Wisconsin Press. TAYLOR, F. W., 1911. The principles of scientific management. London : Harper Brothers. http://tutor2u.net/business/people/motivation_theory_herzberg.asp motivation in theory Neely, A 1998, Measurement of business performance why, what and how, The Economist, London.

Demographic Data Interpretation Essay

Using the results from A1, we can see that there is the Black American Female Population has a lower CDR and a higher ISDR than the White American Female Population. As we know CDR does not refer to sub-groups that might better represent the population likely to experience the death, which indicates that it takes no account of the age structure of the population. In fact, the age structure of populations can have substantial effects on crude rates. (CDR= ÃŽ £Pop in age sex group/ Total Population* ASDR) It is obvious that there is a significantly larger proportion of the White American female population in the elder age groups (due to high life expectancy and low exposure to mortality). However, the White American Female Population has a higher CDR at 9.162 than the CDR of the Black American Female at 6.735, therefore, the CDRs we calculated do not accurately account for the age structure of the population. When we have a look at the data for ASDRs, it is obviously that ASDRS of aged 55-85+ of the Black are much higher than the White, however, the respectively number of females population of the White is significantly larger than the Black, around ten times averagely. Therefore, even if the CDR is higher, it does not adequately indicate a higher mortality rate instead of consideration of ASDRs, which is difference in age structures. On the other hand, ISDRsï ¼Ë†the Indirect Standardized Death Rateï ¼â€°of the two populations was 11.479 per 1000 population for the Black American Female Population, compared to the ISDR of the White American Female Population at 9.162 deaths per 1000 population.) Since ISDR is the data results from population standardization, which is a procedure of adjustment of crude rates to eliminate the effects age structure from the crude rates, it is more appropriate for evaluating different mortalities. The method we use here is the indirect standardization which are standardises on Age Specific Death Rates. This measure is calculated by using a SMR, which is the mortality ratio between the actual observed number of deaths in the population of interest divided by the expected number of deaths were that population to experience the ASDRs of the base population, which in this case is the White American Female Population. Since the ADSRs of the base population are lower for every point in comparison to the Black American Female Population, the SMR indicates that the population of interest experienced a much higher actual exposure to mortality in comparison to its standard population, which is the White population. Unlike the CDR, the ISDR measures standardize the mortality exposure of the population of interest by for differences in age structure. It is a more accurate measure to correctly adjust for differences in age structure between different populations and allows us to more accurately compare the overall mortality exposure of the two populations. B.2.Using the results from A.2, describe the changes in Total Fertility Rate (TFR) and Age Specific Fertility Rates (ASFR) over time among the Black and White American female population. Suggest possible causes or determinants of the changes. How do the values of Net Reproduction Rates (NRR) for the Black and White American female population in 2011 compare to the replacement level? Refer to Appendix A &B As shown by the table, from 2006 to 2011, ASFRs of age groups 15-29 of the Black female population have declined, while they increased between age 30 to 49 of the Black during this period. In contrast, during this period, the ASFRs of the White female American population have declined for all age groups between 15 to 49, except for an increase of 0.1 in age group 40-44. By comparing the two population in different year, we can see that, in 2006 and 2011, ISDRs of age 15-24 of the Black is significantly higher than the White of same age groups, while In 2006, ISDRs of age 25-49 of the Black is continuously lower than the White of same age groups. However, in 2011, only two ASDRs of age groups 25-29 and 35-39 of the White were higher than that of the Black. On the other hand, the general trends of TFR of both populations were declining from 2006 to 2011, while the TFR of the Black was continuously higher than the White during this period. Possible determinants of these common changes between the different ethnicities could include a primary trend among young adults of both black and white to postpone having children. According to data of 2006, among 18-to-24-year-olds, more women than men are enrolled in college in every racial and ethnic group. Increasing college attendance, especially among women, leads to better education, which affects the timing of marriages and first births of women, typically delaying both. Therefore, the U.S. fertility rate may drop further if the share of women attending and completing college continues to increase. (WSJ 2013) On the other hand, as the flow of immigrants is essential to the maintenance and growth of fertility, a slowdown in immigration into the US has also caused significant drops in the US fertility rate. Moreover, relatively high unemployment rates among African Americans may have played a role in the fertility decline—especially among those with less education and lower incomes. The fertility rate began to depend on women’s employment and earnings relative to men. (Overberg, P 2013) Women outnumber men in college and make up a growing share of the labor force. This gave rise to the recession which hit male-dominated jobs. As more women become primary breadwinners, fertility decisions are more likely to hinge on women’s earnings than they did in previous decades. A growing reliance on women’s employment and earnings had a greater influence on both the black and white fertility rate in America. As to data of NRR, the values for both populations in 2011 are 0.924 for NRR of the black and 0.855 of the white, we can see that the Black American female population had a higher NRR than the White population. This may due to national traditions and cultural norms as well as other important determinants such as socioeconomic status, impact on income, education, trend in marriage and access to contraception. (Population Reference Bureau ) Comparing the NRRs for both populations to the replacement level at 1.0, indicates that if ASFRs and ASDRs (and sex ratio at birth) remain constant over time, and there is no migration, these populations eventually will decline in size. B.3. Using the results from A.3, write paragraphs describing and accounting for the changes in the female population of USA between 2006 and 2011 shown by your projection for USA (e.g. how is the total number of population projected to change, which age groups are projected to increase and which to decrease, what are the components of the projected growth, how can relative cohort sizes account for the changes by age). According to the graphics of Appendix C, which shows the comparison of American female population of different ages from 0-85+ during year 2006 to 2011, we can see that the 2011 projection has a significantly larger proportion of the population in the 45 and over age group. More significantly, there is a projected increase in the number of elderly dependents especially above age group 50-54 in 2011 compared to year 2006. On the other hand, when having a look at the population of working age referring to the graph, there is a projected reduction from age 35-50 in 2011 compared to year 2006. Therefore, more elderly dependents with less population at work gave rise to larger elder dependency ratio of American females. The total number of the female US population in 2006 was approximately 154,120,000. While the projected figure has been estimated at 146,092,459, which is approximately an 8 million decline in population as a result of lower fertility, net migration and a constant sex ratio. The expected number of births has been projected to decrease at around the same ratio with the US decreasing fertility rates. The Census Bureau projects that the U.S. population will continue to grow, to almost 440 million persons by year 2050, albeit at a slower pace than the growth recorded over the past half-century. However, the population projections are rely upon assumptions about the future courses of mortality, fertility, and immigration. Immigration has been another important component of population growth in the United States. The net immigration rate, which is an essential factor to the age-sex structure of US population, has been projected to be positive nearly among all age groups from 0 to 84, except for the eldest age group 85+ (-49). Average growth rates for each 5-year projection period were positive, but have generally been declining over time. Expressed as a percentage of the population at the beginning of the period, the average population growth rate in the 2006, for example, was 1.7% per annum while it was only 0.9% per year during the 2011. The Census Bureau assumes that the growth rate will remain positive through year 2050, but will fluctuate over the time period. The current level of 0.8% per annum will increase through 2030 to closer to 0.9% per annum. After 2030 the growth rate is expected to return to 0.8% per annum.( Census Bureau 2013) Trends in the size and growth of the U.S. population reflect the importance of the role of human reproduction and the fertility factors, as well as the net effect of population migrants of the United States. Reference According to data of 2006, among 18-to-24-year-olds, more women than men are enrolled in college in every racial and ethnic group. [ONLINE] Available at: http://www.usatoday.com/story/news/nation/2013/02/12/us-births-decline/1880231/. Fact Sheet: The Decline in U.S. Fertility – Population Reference Bureau http://www.prb.org/Publications/Datasheets/2012/world-population-data-sheet/fact-sheet-us-population.aspx. Welcome to Human Life Alliance. 2013. Welcome to Human Life Alliance. http://www.humanlife.org/didyouknow_alarming.php. the U.S. fertility rate may drop further if the share of women attending and completing college continues to increase. http://content.healthaffairs.org/content/24/2/325.full?sid=bd3dc4c6-be39-441c-b9a8-b9e711ee655f The Census Bureau assumes that the growth rate will remain positive through year 2050, but will fluctuate over the time period. The current level of 0.8% per annum will increase through 2030 to closer to 0.9% per annum. After 2030 the growth rate is expected to return to 0.8% per annum. https://mail-attachment.googleusercontent.com/attachment/u/0/?ui=2&ik=01f85fe64f&view=att&th=13ec4dc1b157e429&attid=0.0&disp=inline&safe=1&zw&saduie=AG9B_P9thup8H_Ebi0Peyp5cqgdD&sadet=1369102489566&sads=eGFMn9_Rn4kq-DrLuiCtBKINAzw

Juridical Interest Under Maltese Law Essay

Consider Briefly but Critically the Notion of Juridical Interest An interest may be defined as â€Å"the object of any human desire and the object of such desire must be distinguished from the thing in respect of which the desire is entertained† The notion of juridical interest links the substantive with the procedure in civil law, where the individual goes on with a civil action because he has a right and interest to institute the case and hopefully obtain a favourable result. Moreover, juridical interest forms part of the â€Å"presupposti processuali† that is a requirement to have in existence a valid action and in fact without the juridical interest an action cannot be instituted. This â€Å"presuppost processuali† is so important that for the action to remain valid till the end the juridical interest has to exist in the individual bringing the action or the individual responding to the action till the end. Once interest stops the action becomes defective and â€Å"locus standi† no longer subsist. Various authors have propounded different theories on juridical interest, but what is undisputed is that the scope of having a juridical interest throughout the action is to circumvent those actions which are frivolous and vexatious and therefore protect the courts from unnecessary delays. Having sufficient interest means that either the â€Å"kjamat† or the â€Å"intervenjent† is able to show that one of his rights has been violated or that one would like to get damages and the re-instatement of rights after the violation. Showing interest to get a remedy or else a declaration of righteousness is of utmost importance. Our Maltese code does not contain any provision of law defining juridical interest or setting out the requirements, but the requirements at law can be deduced from some of the articles such as: 960. Any person who shows to the satisfaction of the court that he is interested in any suit already pending between other parties, may, on an application, be admitted in statu et terminis, as a party to the suit at any stage thereof, whether in first or in second instance; but such admission shall not suspend the proceedings of the suit. 422. During the compilation of the competition proceedings, no money forming the subject-matter of such proceedings may be paid out without the consent of all the parties interested, unless the court, with a view to avoiding the accruing of interest to the prejudice of all the parties, or for any other good reason, shall deem it proper to satisfy the claim of any one of the  competitors the priority or preference of which has not been contested. In Muscat pro et noe vs Buttigieg pro et noe it was stated that juridical interest has to be direct and personal, legal and actual or immediate. Where the Court ruled stated that: â€Å"L-interess irid ikun a) guridiku, jigifieri d-domanda jrid ikun fiha ipotesi ta’ l-ezistenza ta’ dritt u l-vjolazzjoni tieghu; b) dirett u personali: fis-sens li huwa dirett meta jezisti fil-kontestazzjoni jew fil-konsegwenzi taghha, personali fis-sens li jirrigwarda l-attur, hlief fl-azzjoni popolari; c) attwali fis-sens li jrid johrog minn stat attwali ta’ vjolazzjoni ta’ dritt, jigifieri l-vjolazzzjoni attwali tal-ligi trid tikkonsisti f’kondizzjoni posittiva jew negattiva kontrarja ghall-godiment ta’ dritt legalment appartenenti jew spettanti lid-detentur. Il-Qorti sabet illi l-attrici ma kellhiex interess guridiku biex tistiwixxi l-azzjoni u b’hekk cahdet it-talbiet taghha.† An interest which is direct and personal means that it should pertain to the parties involved in the case that is the plaintiff, defendant, the joinder and the intervener, where all of these need to have a direct and personal interest to be included in proceedings. The interest needs also to be based on law; one cannot claim a breach of one’s right, when in actual fact the law does not give any right to the individual in the first place. Moreover, interest needs to be actual that is directed to a benefit which does not necessary mean money or property, but may also be directed to the seeking of god name in society. However, over the 20 years there has been a movement to accept collective juridical interest. Recently House of Parliament passed the Collective Proceedings Act, which makes provision for a group of individuals with common interest to institute an action collectively against a defendant. Although, the remit within which this law will operate is restrictive since it applies to consumers, yet it paves the way for further similar legislation on the matter. Some other legislations give a legal standing to NGOs, since they generally represent the common interest of their members, yet our law does not give locus standi to NGOs as yet.

Effects of Neighborhood Discrimination on Depression - Free Essay Example

Sample details Pages: 6 Words: 1693 Downloads: 7 Date added: 2019/02/05 Category Society Essay Level High school Tags: My Neighborhood Essay Did you like this example? Because the effects of racism can be devastating for the lives of people of color, research has been devoted to determining the link between discrimination and psychopathology. Numerous studies have discovered a link between perceptions of racial discrimination and the likelihood of developing MDD among people of color (Russell et al., 2018). Because racism is integrated into many societal contexts, Russell et al. Don’t waste time! Our writers will create an original "Effects of Neighborhood Discrimination on Depression" essay for you Create order (2018) explored the effects of discrimination within neighborhood settings on the development of MDD. Understanding the impact racial discrimination within a neighborhood has on depression offers a number of clinical implications and opportunities for change. Methods The sample in Russell et al.’s (2018) study consisted of 499 African American females from Georgia and Iowa. Each participant was the primary caregiver for an African American child and had a mean age of 37 years at the beginning of the study. Participants were interviewed every 2 to 3 years since the beginning of the study in 1997 for a total of five interviews. Samples were collected from racially and economically diverse neighborhood clusters that were based on data from the 1990 census. In sum, there were 21 neighborhood clusters from Iowa and 19 clusters from Georgia. (Russell et al., 2018). To collect data from the participants, a number of different questionnaires were administered via computer-assisted personal interviews to assess a number of different areas relating to characteristics of both the neighborhood and the individual. After each of the five waves of interviews, participants were given a diagnostic interview to assess for depression according to DSM-IV criteria. Once all data were collected, researchers ran a statistical analysis to highlight which environmental and individual factors are predictive of the development of MDD (Russell et al., 2018). Results Over the course of the study, 18% of the women in the study met symptoms for MDD. Experiences of racial discrimination in the neighborhood setting was positively related to the development of MDD and was found to be a more significant predictor of the development of MDD than individually experienced racism. This finding suggests that the more pervasive racism is, the stronger the effects are on mental health (Russell et al., 2018). In terms of individual characteristics predictive of the development of MDD, relationship quality was negatively associated with the development of MDD. Positive relationships were found to minimize the negative effects of discrimination on the development of MDD even at the neighborhood level, suggesting that healthy relationships can offset the harmful effects of pervasive racism (Russell et al., 2018). One last finding related to the lasting effects of racial discrimination within a neighborhood. Since the study used a longitudinal approach to research, the sample characteristic changed over time. In fact, half of the participants moved from their original neighborhood over the course of the study. The negative effects of racial discrimination from the previous neighborhood remained with the individual even in their new setting, suggesting that perceptions of how one’s racial group is treated have long-lasting effects. Additionally, even when removed from the discriminative neighborhood, beliefs that one will experience racism may lead to a more negative outlook (Russell et al., 2018). Strengths Russell et al.’s (2018) study features a number of apparent strengths. One strength is the size and characteristics of the sample. With just under 500 women, the size of the sample allows for a narrower margin of error, which allows any significant findings to be interpreted more confidently. In addition, because the sample was composed specifically of African American women, variations in results can be attributed to factors other than race or sex. Moreover, the study was longitudinal in its approach, which allowed for observations to be made at both the group and individual level. In addition, researchers could observe how the development of MDD is affected by the duration of living in neighborhoods characterized by discrimination. Another strength of the study is that the researchers removed women who, at any point in their lives, met criteria for MDD in the first round of interviews. Removing these women from the study created a sample that had a lower risk for developing depression (Russell et al., 2018). Because neighborhood discrimination contrib uted to the development of MDD in a low risk sample, the effects of discrimination can be considered strong. Finally, the current study produced meaningful research that elaborated the findings of former studies. For instance, a number of studies have determined that racial discrimination increases the likelihood of developing MDD (Russell et al., 2018). The study conducted by Russell et al. (2018) takes previous research further by considering how racism within neighborhood settings, a more pervasive form of racism, affects the onset of depression. With the findings proposed by Russell et al. (2018), future researchers can build on this foundation in order to discover more about racial discrimination and its effects on mental health. Weaknesses While the sample had a number of strengths, there are a number of limitations to consider when interpreting the results. Since the sample looked only at the experiences of African American women, results cannot be generalized to African American men. Moreover, the sample was composed only of African Americans, so generalizing the results to other people of color may be out of line. Russell et al. (2018) acknowledge that because the sample was entirely from non-metropolitan areas of Georgia and Iowa, generalizability to other states and regions is limited. Finally, all interviews were conducted via computer, which may miss important features of the participant’s response, especially for the diagnostic interview. It is possible that using a computerized diagnostic interview could have under or over pathologized the participants, and the diagnoses of MDD may have been inaccurate. Additionally, though there are benefits to longitudinal research designs, the effect of time resulted in half of the participants moving from their original neighborhoods. Though variables were created to detect the change in racism levels from the old to new neighborhoods, the careful selection of neighborhoods based on geographic, demographic, and socioeconomic characteristics was minimized by many of the participants relocating. The control of certain neighborhood-level variables was lost when participants relocated, and one should consider this when interpreting the results of the study. Finally, though the sample was considered low-risk for developing depression, only 18 % of the women developed MDD by the fifth interview. Neighborhood racism was found to be a predictor of MDD on the grounds of pervasive racism, though in only a small number of participants. Russell et al. (2018) had a tendency to overinterpret their results, but one should remember that the findings of the study were only relevant for a small number of participants. This should be noted when applying the findings because this does not necessarily mean African American women have a higher rate of depression, just that neighborhood discrimination may contribute to the onset of MDD in African American females. Connection to Literature Since racial discrimination within one’s neighborhood is found to be a significant predictor for the development of MDD in African American females, ways to minimize the effects of neighborhood discrimination must be considered. Research conducted by Russell et a l. (2018) suggests that healthy social relationships can lower the impact that neighborhood discrimination has on depression. However, one must refer to current research to develop additional ways to combat the effects of discrimination within the neighborhood. Research conducted by Brown (2008) suggests that positive social relationships minimize the effects of racial discrimination through the promotion of resiliency. The link between positive relationships and the lower risk for developing MDD suggested by Russell et al. (2018) may lie in the resiliency factor, as resiliency promotes a number of positive outcomes. Further, a study conducted by Clauss-Ehlers (2008) discovered that cultural background and experiences related to diversity impact the development of resilience within an individual in a positive way. Keeping in mind that resiliency can help an individual cope with mental health afflictions, a further step would be to promote cultural pride and diversity enrichment in order to minimize stressors related to discrimination. Though responsibility for the development of MDD does not lie in the individual, establishing resiliency through their cultural background, African Americans may be able to slow the harmful effects of neighbor hood discrimination. This study contributes to Russell et al.’s (2018) assertion that positive social relations with one’s own racial group can help prevent or alleviate symptoms of depression, as cultural pride established through positive social relationships can promote resiliency. Clinical Implications The results of the study conducted by Russell et al. (2018) offer a number of implications that are worth integrating into clinical practice. Specifically, the findings suggest that societal factors, such as racial discrimination, contribute to depressive symptoms. As a result, a diagnosis that acknowledges the root of these disorders as environmental in nature would offer a change in the way clients view their symptoms. One such approach suggested by Russell et al. (2018) would be for clinicians to incorporate syndromes like â€Å"cultural dysthymia† into their vocabularies, as this terminology implies that the cause for the symptoms lie in the society or culture rather than with in the client. Placing blame on the environment in which the person resides rather than the victim can improve their well-being by encouraging the individual that there is nothing â€Å"wrong† with them. Additionally, clinicians should find ways to minimize their own biases and prejudices. When conducting therapy with a client, interacting with the individual in a way that promotes openness and safety could ensure that the client does not feel that the therapeutic relationship is contributing to their discrimination and distress. Moreover, the clinician should take the time to acknowledge the discrimination experienced by the client and take care not to illegitimate the individual’s encounters with racism, as not doing so could make the racism even more pervasive. Finally, the findings of Russell et al.’s (2018) study suggest that positive relationships can minimize the effects of racial discrimination. Clinicians have a responsibility to ensure that clients have healthy relationships within their social circles in an attempt to help clients combat the negative effects of pervasive racism. Subsequently, clinicians should focus time on clients’ experiences with racism but also allow time to talk about what sort of support they have in dealing with these encounters. Also, it may be beneficial to create support groups where clients can share their experiences with on another.