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validation-politics-ghbfsabun-con01b
The comparative situation is that of a resource rich region being surrounded by aggressive neighbours which desire its resources. Weak states are usually incapable of defending their borders and thus fall victim to invasion and occupation (such as the Democratic Republic of the Congo).1 Long term control by a federal state is preferable to repeated violence and conflict as outside forces move in and out of the region. Moreover, being part of a federal state ensures that there is only one party attempting to control the region rather than multiple competing governments which are likely to bring long term violence. Finally, there is the other side to the opposition's case. By being part of a federal state, there is international pressure for members of that resource rich federal unit to have something in return and for their state to adequately look after them. 1 Consultancy Africa Intelligence, 2010, 'Security Situation in the DRC: A case of a weak state leaning on the UN,'
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This point ignores the fact that weak federal units would make weak states unable to protect their interests anyway. Mississippi would have very little global influence if it were not in the USA. Within the USA it gains the benefit of collective bargaining. Weaker federal units together are more powerful than apart and have the protection of more powerful units in global diplomacy.
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The longer a single leader remains in power, the more entrenched his grip becomes, and the more likely he is to use his office to his personal advantage. Power has a strong tendency to corrupt; it is highly intoxicating. For this reason, it should not be left in the hands of one person for too long. When a leader is firmly entrenched, he may seek to enrich himself at the expense of the public. He may seek to shower benefices on family and allies in order to maintain and strengthen his powerful position. Without term limits the executive runs the risk of becoming a personal fief, rather than the office of first servant of the people, as it should be. This is seen particularly in parts of the developing world where leaders use state funds to generate electoral support from key groups and to maintain the loyalty of essential supporters. A current example of this is in Venezuela where Hugo Chavez has been able to monopolize power to the point where it is unclear who his successor would be should he die suddenly. [1] Term limits serve to limit the ability of individuals to enact self-aggrandizing policies and to retain power indefinitely. [2] Instead, by maintaining term limits, leaders have only a limited time in power, which tends to shift their focus toward genuinely benefiting the public. [1] Shifter, Michael. 2011. “If Hugo Goes”, ForeignPolicy.com, 28th June 2011, Available: [2] Green, Eric. 2007. “Term Limits Help Prevent Dictatorships”. America.gov. Available:
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Voters will choose the leader they think will do the best job, if this is the incumbent then that is democracy. Election machines and lobby groups may be able to help an incumbent somewhat, but at the end of the day the leader must be able to convince the people that he has done a good job and is still suitable to lead. As to the issue of countries like Zimbabwe, if the people want to keep electing a revolutionary hero, that is their choice. The overruling of election results, as occurred in the most recent Zimbabwean election, however, is not democratic and thus unacceptable for a mature state. Mugabe’s ability to flaunt the will of the people was not due to a lack of term limits, however, but on an inadequate separation of powers inherent in the system. [1] Adding term limits to that system, and indeed any system, will do little to redress imbalances between branches of government. The case of Vladimir Putin is similarly instructive, despite stepping down after his second term, he thereafter took the office of Prime Minister and maintained effective power. Term limits are no barrier to those determined and popular enough to hang on to power. [1] Jones, Charles and Bruce MacLaury. 1994. The Presidency in a Separated System. Washington, DC: Brookings Institution Press.
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The executive branch of government, having no countervailing voices to the leader s’ within it, must be checked by limiting tenancy in office. Term limits are a necessary check on executive power to prevent an over mighty executive. Whereas the legislature and judiciary are composed of many competing views, with members of various parties and outlooks represented, the executive of a country speaks with a single voice. In legislatures, party leaders are not the sole sources of power, with factions and alternative nexuses of influence forming throughout that branch of government. [1] Executive power, on the other hand, rests solely in the hands of the leader, usually a president. The leader has full power over the policies of the executive branch of government. Cabinets, which form part of the executive in practice, are usually directly answerable to the leader, and ministers can be dismissed if they are uncooperative or dispute the leader’s policies. Even in parliamentary systems, leaders with a majority and a strong party whip can command the same powers as a strong president, if not more. It is thus necessary to have a check on the highly individual power that is the executive. Term limits are the best such check. Term limits allow leaders to enact their policies over a set time period and then usher them out of office. [2] This is essential, because too much power in the hands of a single individual for too long can upset the balance of power in a country and shift power in favour of the executive, thus damaging the protections to society that checks provide. This is exactly what happened in the United Kingdom under Tony Blair where from the start cabinet government virtually disappeared Former Cabinet Secretary Lord Butler said “In the eight months I was cabinet secretary when Tony Blair was prime minister, the only decision the cabinet took was about the Millennium Dome,” [3] and power continued to be ever more centralized in response to terrorism. [1] Jones, Charles and Bruce MacLaury. 1994. The Presidency in a Separated System. Washington, DC: Brookings Institution Press. [2] Chan, Sewell. 2008. “Debating the Pros and Cons of Term Limits”. New York Times. Available: [3] Press Association. 2007. “Blair cabinet ‘took one decision in eight months’”, guardian.co.uk, 29th May 2007, Available:
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Term limits check the power of incumbency as an election-winning tool and allow new and energetic leaders and ideas to flourish. Incumbency provides a huge election advantage. Leaders and politicians generally, almost always win re-election. Such has been the case in the United States, for example, where presidents are almost always re-elected for a second term. Leaders are re-elected because they have better name recognition both with the electorate and with lobby groups. People have a tendency to vote for those who they recognize, and firms tend to support past winners who will likely continue to benefit their interests. This problem has become particularly serious in developing world in which revolutionary leaders from the original independence movements are still politically active. These leaders often command huge followings and mass loyalty, which they use to maintain power in spite of poor decisions and corruption in many cases. Such has been the case in Zimbabwe with Robert Mugabe winning presidential elections in spite of mass corruption and mismanagement. [1] Only recently have the people finally voted against him, but it was too late, as his power had become too entrenched to unseat him. The uphill battle that will always exist to unseat incumbents makes term limits necessary. Countries need new ideas and new leaders to enact them. Old leaders using election machines to retain power do their country a disservice. Power is best used when it changes hands over time in order allow for dynamic new solutions to be mooted in a changing world. [1] Meredith, Martin. 2003. Mugabe: Power and Plunder in Zimbabwe. Oxford: Oxford University Press.
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Freeing the executive from re-election concerns can help focus attention on the public interest A focus of a leader who is looking toward the next election is on getting votes. It is often the case that hard decisions need to be made by leaders, but it is difficult for them to do so when they are concerned with being re-elected. A leader has an incentive to put tough decisions off if he can retain power by doing so. When constrained by term limits, leaders must make the most of their limited time in office, resulting in greater prioritization of difficult decisions and reform. [1] Furthermore, the need to constantly fight elections places leaders in the pocket of lobby-groups and election supporters to a greater degree, as they will always need to go back to them for support, and thus cannot make decisions that are in the national interest alone. While there will always be some of this behaviour, it is curtailed by term limits, as leaders in their final term will not be beholden to as many special interests as they cannot run again. Furthermore, leaders who develop strong party structures can influence the choice of their successor, ensuring that they have a legacy. In this way term limits encourage the development of party-based systems, rather than personality based systems of government. [1] Chan, Sewell. 2008. “Debating the Pros and Cons of Term Limits”. New York Times. Available:
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The incentive for corruption and self-enrichment in office is increased by term limits. With term limits, a leader will, after he enters his final permitted term of office, not have to face the electorate again, meaning he can do whatever wants, to an extent. This encourages corruption and self-enrichment on the part of leaders in their final term of office when they do not need to face the people to answer for poor management. There is likewise less incentive to follow through on election promises to supporters, since their withdrawing support can have little tangible impact on a lame duck. Furthermore, lame duck leaders can devote time to buddying up to businesses and organizations in order to get appointments to lucrative board seats after they leave office. This has often been the case in Western democracies, where former heads of state and government find themselves being offered highly profitable positions upon their retirement. [1] Imposing term limits necessarily increases this sort of behaviour, as leaders look more toward their retirement during their final years of office, rather than to the interests of the people. [1] Wynne, Michael. 2004. “Politics, Markets, Health and Democracy”. University of Wolongong. Available:
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A strong, consistent executive may be desirable in many cases. Continuity and experience in leadership has real value. Experienced hands can be best for navigating the often-treacherous waters of politics, and such experience is especially necessary in the executive. Furthermore, the prospect of future tenure gives incumbent leaders the leverage to get things done. When there are no term limits, lame duck leaders are generally eliminated. The status quo undermines the ability of last-term leaders to act effectively, since members of the other branches of government, and the public, know they are on the way out and thus lack the same ability to enact policy. [1] Eliminating term limits allows leaders to make the most of every term they serve to enact policy. It also allows leaders to focus on long-term projects that might take more than the time allotted to them by their term limits. When considering the ascension of new leaders, it is necessary to consider that they will always take some time acclimating themselves to their new office, time that is thus not put to efficient use in governing. Constant changing of leadership brought about by term limits serves only to exacerbate this problem. In other words, leadership is like anything else—one gets better with experience. Additionally, lobbyists and powerful legislators will more easily exploit amateurish newcomers to leadership. Naiveté on the part of new leaders who are unused to the system will leave them vulnerable and exploitable. Continuity in leadership is especially important in times of crisis. For example, the United States needed the continuity and strength of Franklin Roosevelt during Great Depression, and later during World War II. Americans were willing to break with the tradition of presidents serving only two terms of office for the sake of that leadership. [2] Clearly, it is better to have a tried and tested leader in times of struggle than a potentially disastrous, untested newcomer. [1] Green, Eric. 2007. “Term Limits Help Prevent Dictatorships”. America.gov. Available: [2] Jones, Charles and Bruce MacLaury. 1994. The Presidency in a Separated System. Washington, DC: Brookings Institution Press.
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Term limits are undemocratic and suggest, falsely, that voters cannot make intelligent decisions about their leaders on their own. Term limits are grossly undemocratic. If a leader is popular and desired by the people to continue to lead them, then it should be their choice to re-elect him. The instituting of term limits assumes voters cannot act intelligently without proper guidance. This is an insult to the intelligence of voters. The electorate will see whether a leader is doing a good job and will vote accordingly. Preventing a potentially popular candidate from standing for re-election simply removes the right to make important political decisions from the electorate. The reason some countries have overpowered presidents and executives is not due to a lack of term limits, but because of a system designed to suppress opposition. Term limits are not a concern when considering why countries have corrupt and authoritarian leaders. [1] In such countries or where the leader is very popular the leader will be able to overturn the term limits anyway rendering them redundant. This occurred in Venezuela in 2009 when Chavez the Venezuelan President won a referendum to end term limits. [2] The people, if they have the freedom to choose who should lead them, should have the freedom to choose incumbents, and to do so indefinitely if that is what the popular will demands. [1] Meredith, Martin. 2003. Mugabe: Power and Plunder in Zimbabwe. Oxford: Oxford University Press. [2] Voice of America, 2009. “Chavez Celebrates End to Venezuela Term Limits”, 16th February, 2009, Available:
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A leader who has to constantly concern himself with re-election is likely to be far more beholden to special interest groups and lobbyists than one who is term-limited. While a term-limited leader may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to the ability to do what is right for the nation. Leaders who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a leader who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision. Furthermore, reducing the incentive to pander to self-interest groups in one’s final term can be achieved through offering good retirement benefits to ex-leaders, including international jobs. [1] [1] Ginsburg, Tom, James Melton and Zachary Elkins. 2011. “On the Evasion of Executive Term Limits.” William and Mary Law Review. Available:
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Women must gain positions in Parliament quickly as they would raise awareness about 'less important' issues such as family and employment rights Whilst is it possible for men to speak on women's issues, some topics of debate (e.g. on family issues or equality in the workplace) are still seen as less important than economics or foreign policy. Creating more female MPs would encourage more debates about social policy, and so do more to produce constructive legislation of relevance to real people's lives. For example, Harriet Harman is the first MP to seriously confront the gaps in the treatment of women and other minorities in the workplace1. This was previously seen as a 'soft' issue unworthy of parliamentary attention; she was more in touch with women's (and, of course, many men's) priorities and acted upon them. If we want our political system to be in touch with the priorities of everyone, we must to act to increase women's representation. 1 'Harman pushes discrimination plan', BBC, 26th June 2008
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Female role models are needed urgently to raise aspirations among young women and change parliamentary practices At present there is a vicious circle whereby women see no point in standing for politics because it is viewed as a male-dominated institution. Positive discrimination is the only way to encourage women to stand. Only if one generation is pushed towards politics can there be role models for potential future women MPs to follow; for that reason it need not be a permanent measure, just one that gets the ball rolling1. It has been proven by a study at the University of Toronto, Canada, that women need inspirational female role models more than men; they need it to be demonstrated that it is possible to overcome barrier2 . Positive discrimination would provide this evidence and support. This measure would simply allow women to overcome the institutional sexism in the selection committees of the established political parties, which has for so long prevented a representative number of women from becoming candidates, and would encourage other women to try and emulate that. It's about changing stereotypes and perception (particularly of the concept 'leadership', which we automatically think of as a male trait1). This will help achieve true progress in the future. 1 'Increasing the numbers of female MPs', Thinking and Doing, 14th May 2010 2 'Women need female role models', Research Digest, 16th March 2006
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A true role model has to be admired. Encouraging more women to stand for election should not be about 'making up numbers': women are extremely capable of becoming elected without help from male party leaders. Shirley Chisholm, in a famous speech on gender equality to Congress in Washington, U.S., on 21st May 1969, aired a similar sentiment: "women need no protection that men do not need. What we need are laws to protect working people, to guarantee them fair pay, safe working conditions, protection against sickness and layoffs and provision for dignified, comfortable retirement. Men and women need these things equally. That one sex need protection more than the other is a male supremacist myth as ridiculous and unworthy of respect as the white supremacist myth that society is trying to cure itself of at this time"1. Apportioning a quota of seats for women or all-women shortlists will be a patronising implication that women cannot succeed off the back of their own merits, and that men are innately superior. This does not create inspirational role models. 1 Full transcript of speech, 'Equal Rights for Women' by Shirley Chisholm:
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Parliament must be representative of our society and that requires a substantial increase in the number of women which only positive discrimination can achieve In a 'representative' democracy it is vital that every part of the population be accurately and proportionately represented. The present lack of female voices in parliaments across the world symbolises the continuing patriarchal societal bias. Women are over half of the population, yet less than 20% of the House of Commons is made up of women. As of 2011, there are only 72 women (constituting 16.6% of all Representatives) serving in the House of Representatives in the US. In order to truly have a representative government, numbers must be increased to fairly mirror numbers in society. All women shortlists and other artificial means are a quick and effective way of doing this. Even David Cameron, a traditional opponent to positive discrimination for women, when asked whether a meritocracy was more desirable, said "It doesn't work"; "we tried that for years and the rate of change was too slow. If you just open the door and say 'you're welcome, come in,' and all they see is a wave of white [male] faces, it's not very welcoming"1.Indeed, a recent report by the Hansard Society2 said that the numbers of women in UK Parliament could fall unless positive action is taken3. Sarah Childs, launching the report, said that "unless all parties use equality guarantees, such as all-women shortlists, it is most unlikely that they will select women in vacant seats" 3. Compulsion is necessary to begin to achieve parity of representation4. The Labour party used all-women shortlists in the 1990's and many well-known female MPs were elected this way. Positive action is vital for reasons of justice and fairness. 1 'David Cameron: I will impose all-women shortlists' by Rosa Prince, The Telegraph, 18th February 2010 2 The Hansard Society 3 'All-women shortlists a must, says report' by Oliver King, The Guardian, 15th November 2005 4 'Call for all-women shortlists' by David Bentley, The Independent, 11th January 2010
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All-women shortlists were declared legal in 2001 after a debate, and there has not been an issue about its legality since then1. Judges have ruled that quotas and other forms of positive discrimination are not in breach of any human rights or democratic law, and thus should be used. Positive discrimination compensates women for the many years that they were excluded and placed in the political wilderness. There is an unavoidable discrimination at work in the electoral systems worldwide, and if another type of discrimination is temporarily necessarily to combat it then it must be used. A true 'meritocracy' only works when candidates are starting from equal positions. Dame Ann Begg MP has said that positive discrimination is absolutely crucial for ensuring the best candidates apply: "If under-represented groups are not encouraged to apply, you cannot get the best person for the job. Women, for example, are less likely to put themselves forward as MPs"2. Nobody is saying that positive discrimination is without its problems, but in this circumstance the end must justify the means. 1 'Election bill will make all-women shortlists legal' by Marie Woolf, The Independent, 18th October 2001 2 'Positive discrimination crucial for democracy, says disabled MP' by Alev Sen, The Beaver, 15th March 2011
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Artificial increases in numbers of women are not necessary, as there are other, less intrusive, alternatives to increase visibility of women in politics Positive discrimination is an extremely heavy-handed way of increasing the numbers of women in parliament. Women should of course have the same opportunities for participation in politics (and other male-dominated institutions should as business) as men; but they should not have more; Ann Widdecombe has argued that female campaigners, such as the Suffragettes, "wanted equal opportunities not special privileges"1. Many believe that other empowerment programs, such as education, would be much more effective for creating equal opportunities and create less controversy which could end up being counter-productive for the cause. Statistically, 1 billion people in the world are illiterate; two thirds of them are women2. Education is the most crucial tool to give women the same opportunities of men, particularly in developing countries. That will insure that women too are participating in the governance of their countries. It is also important to note that the situation is improving across the world on its own. Canada elected a record 76 candidates in the 2011 election, up from 69 the previous election3. Nordic countries average around 40% women candidates, which is about the ideal given that competency must be taken into account and 50-50 is unlikely4. Even in Iraqi elections, all political parties had to submit lists of candidates where every third person was a woman; this guarantees at least 25% of all elected delegates are women4. The numbers of women in power are also increasing: 20 countries currently have a female leader5, and to that list must be added Thailand who recently elected Yingluck Shinawatra as prime minister6. With this rate of change, equality will be achieved fairly quickly and the controversy and heavy-handedness of positive discrimination is not necessary. It may even be detrimental to the cause. 1 'All women shortlists', Wikipedia 2 'Women and Literacy', SIL International 3 'Record number of women elected' by Meagan Fitzpatrick, CBC News, 3rd May 2011 4 'Women's representation worldwide', Fairvote 5 'Female World Leaders Currently in Power' 6 'Thailand: Yingluck Shinawatra wins key election', BBC, 3rd July 2011
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THIS HOUSE WOULD INTRODUCE POSITIVE DISCRIMINATION TO PUT MORE WOMEN IN PARLIAMENT Women are vastly underrepresented in democratic legislatures across the world. Until 20 years ago women had never been more than 5% of MPs in UK Parliament1. Even today wom How is this different to being elected because of the particular party you represent? Certainly Margaret Thatcher was not helped as a woman, but she was elected to represent Finchley, in Middlesex, which is a traditionally Conservative constituency; it was inevitable that she would be elected because she stood in a Tory 'safe seat'. Thatcher was thus elected not through her own individual merit or competence, but rather because she represented the party who always won there. It must also be noted that quotas and all-women shortlists do not necessarily mean that the best person is unavailable. Jacqui Smith, the first female Home Secretary, was elected on an all-women shortlist1. She would not have been appointed to the Labour government's cabinet if she had not been an outstanding politician; the all-woman shortlist not only did not prevent constituents from being represented by a capable MP, but in fact gave her a higher chance of being elected, which was to the benefit of all of us. 1 'All women shortlists' by Richard Kelly and Isobel White, House of Commons Library, 21st October 2009
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If people feel that a woman has been appointed simply for her gender rather than for her talents, then this will damage rather than enhance the status of female MPs1: they will, many argue, become simply "token women"2. Many leading female MPs oppose all-women shortlists on a matter of principle. Ann Widdecombe claims they are "an insult to women": she said, "Neither Margaret Thatcher nor I needed this kind of help to get into Parliament"3. At a different time, Ann Widdecombe has said: "The concept of merit is going out of the window. I don't care whether an MP is male or female, black or white, rich or poor, old or young. What matters is the merit they bring. We really cannot have targets for particular categories. It's frankly insulting because it suggests women and ethnic minorities cannot get there on their own merit"4. Whether it is true that a lesser-able candidate gets an easier ride in on all-women shortlists, the fact remains that people will perceive that as having been the case. This may result in their views being taken less seriously than MPs elected in an open ballot, and this is not democratic. It is far better than women fight their way in and are respected once they are in parliament. 1 'Women-only shortlists are a patronising stunt
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Designing and constructing tactical nuclear weapons allow a state's scientists to maintain a competitive position in nuclear technology. Research and development into tactical nuclear weapons are essential for countries to maintain their technological edge in the field of nuclear science. The United States has long enjoyed technological dominance in the field of nuclear weaponry. However, in recent years China and Russia have begun to pour effort into developing ever-smaller nuclear weapons for tactical deployment. If the United States and the other nuclear powers wish to maintain their position within the nuclear tech order, they must begin investing further in development of similar miniaturized nuclear devices. Research into the design and construction of mini-nukes provides a number of benefits beyond the tactical flexibility conferred by such weapons. First, developing mini-nukes puts designers and scientists in the West on the same intellectual page as those seeking to devise nuclear weapons suitable for use in terrorist attacks, such as so-called suitcase-nukes1. By learning how to build such weapons scientists will be able to devise means of counteracting them should an enemy attempt to employ them in an attack. Furthermore, the miniaturization of nuclear weapons has applications in other nuclear technologies such as in the design and manufacture of smaller nuclear power facilities. Military technology always finds an outlet in civilian use. Such was case with Cold War technological endeavors, such as the Space Race, which yielded everything from superior computer processors to ballpoint pens. Clearly, the public will in many ways reap the boons arising from the development of smaller tactical nuclear weapons. 1 Jervis, Robert. 2001. "Weapons Without Purpose? Nuclear Strategy in the Post-Cold War Era". Foreign Affairs.
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All countries have an inherent right to self-defense even when they lack the capacity to do so with conventional weapons. States, as the building blocks of international society, have an inviolable right to self-defense, and this right extends to the possession of miniature, tactical nuclear weapons. Often states lack the capacity to defend themselves with conventional weapons. This is particularly true of small and poor states. Even wealthy, small states are susceptible to foreign attack, since their wealth cannot make up for their lack of manpower. When armed with tactical nuclear weapons, all states become equal in terms of capacity to do harm to one another. If a large state attempts to intimidate, or even invade a smaller neighbor, it will be unable to effectively cow it, since the small state will have the power to severely damage, or even destroy, the would-be invader's military capacity with a few well-placed miniature nuclear missiles [1]. An example of this is the 2008 invasion of Georgia by Russian troops, which would likely never have occurred had Georgia possessed an arsenal of tactical nuclear weapons, as Russia would have thought twice when considering that its large tank formations could be wiped out by a single well-placed tactical warhead. Clearly, nuclear weapons serve in many ways to equalize states irrespective of size, allowing them to more effectively defend themselves. [1] The Economist. 2011. “A Rivalry that Threatens the World”. The Economist. Available:
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Countries need to design nuclear devices to adapt with changing defensive technology. There are a number of technological developments that have made the use of conventional weapons ineffective in combating certain threats. For example, some bunkers are buried so deeply underground that conventional bombs cannot penetrate them. Weapons such as the Robust Nuclear Earth Penetrator (RNEP), currently in development in the United States, would be able to penetrate such bunkers, while leaving no more surface damage than a conventional bomb1. Deployment of a weapon such as the RNEP might prove necessary in order to stop proliferation of nuclear weapons in rogue states, as for example, Iran has built extremely tough bunkers for the purpose of nuclear testing and storage of weapons of mass destruction. Blocking the development of necessary tactical nuclear technologies actually raises the chances of these dangerous states obtaining nuclear weapons. Another instance of tactical nuclear devices proving useful is in the destruction of clandestine biological and chemical weapons factories. Were such facilities destroyed by conventional bombing, some of the materials being manufactured could easily leak into neighbouring population areas, leading to increased casualties. Clearly, in light of these defense innovations, tactical nuclear weapons are an essential addition to a nuclear power's arsenal. 1 Reynolds, Paul. 2003. "Mini-Nukes on US Agenda". BBC News.
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Conventional weapons are perfectly capable of dealing with the issues and conflicts for which tactical nuclear weapons are designed, and are less risky to employ. The predictions by the United States government that the RNEP would produce little fallout, for example, appear unfounded. On the contrary, the weapon would likely scatter deadly nuclear fallout for miles around a target site, causing terrible destruction and collateral damage1. Furthermore, developments in conventional weapons can serve the same purposes, if with slightly greater difficulty. New super bunker-buster bombs are in development in the United States that do not carry a nuclear payload, and fuel-air bombs can, with their wide incendiary range, destroy factories and incinerate any hazardous materials quite effectively. New nuclear weapons are not necessary for the tactical concerns of the future. 1 Union of Concerned Scientists. 2005. "Robust Nuclear Earth Penetrator".
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While states should of course have the right to defend themselves, this does not extend to the possession and use of tactical nuclear weapons. Just as biological and chemical weapons are banned by international treaty, so too has the international community generally acknowledged that nuclear proliferation is negative, which is why so many treaties are dedicated to non-proliferation [1]. It is a tragedy that nuclear weapons exist, even more so that a few countries are still seeking to develop them. It is better to fight this movement, to keep nuclear weapons in as few hands as possible so as to prevent their development, testing, and use by rogue states, terrorists, and other dangers to international security. This is all the more true of tactical nuclear weapons, whose smaller size and destructive capacity make them not only easier for terrorists to acquire, but also to be used, and thus to instigate a rapid escalation to full-scale nuclear war. [1] Shah, Anup. 2009. “Nuclear Weapons”. Global Issues. Available:
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The unwillingness of the United States and Russia to give up tactical nuclear weapons shows some of the hypocrisy running through the New START. The treaty should make an effort to eliminate nuclear weapons completely, not just some. Furthermore, tactical nuclear weapons are more dangerous than their larger strategic counterparts because they are much smaller, and thus lend themselves to actually be used, which raises serious risks of escalation.
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Tactical nuclear warheads are more serviceable for use in intimidation and retaliation toward enemies, as they are considerably less catastrophically destructive than those of current nuclear arsenals. For deterrence to function, rogue states and other international actors with nuclear capabilities, such as North Korea, must believe that their would-be target will retaliate in kind if attacked, tactical nuclear weapons provide a middle option. Given that these rogue states would likely only have access to low-yield nuclear weapons, it is unlikely that they would be able to launch a nuclear attack capable of more than damaging a Western city. Furthermore, the relative difficulty of developing deliverable nuclear weapons means that rogue nations are increasingly looking toward the acquisition and development of alternative weapons of mass destruction, such as chemical, biological, and radiological weapons. Were the United States, or another nuclear power, to be attacked by any of these weapons, it is unlikely that it, or the international community would consider the deployment of a strategic nuclear strike in retaliation to be justified. The response would certainly be disproportionately large, as strategic nuclear missiles can easily level cities, even with the smallest possible payload. This means that in order to maintain effective deterrence, nuclear powers must shift from the paradigm laid out by the doctrine of Mutually Assured Destruction to a "flexible response" doctrine, in which countries deploy arsenals of much smaller, tactical nuclear weapons that their enemies honestly believe they will use if provoked. By equipping themselves with a range of weapons, so as to be able to scale responses appropriately, nuclear-armed countries are far likelier to deter potential aggressors in future 1. Pakistan's military serves as an example of such tactical nuclear capability ready for action; its army is armed with an arsenal of mini-nukes that can be used to destroy whole tank formations, with little radioactive fallout dispersing beyond the battlefield. These weapons serve to redress the balance between Pakistani and Indian conventional military capacity. As Pakistan is woefully outnumbered and outgunned in conventional weapons, its tactical nuclear arsenal can deliver devastating damage to massed Indian army formations, preventing any potential invasion2. Clearly, tactical nuclear weapons are useful weapons in a country arsenal, preparing it to be more flexible in its application of nuclear force. 1 Reynolds, Paul. 2003. "Mini-Nukes on US Agenda". BBC News. 2 The Economist. 2011. "A Rivalry that Threatens the World". The Economist.
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The feeling of security generated by possession of tactical nuclear weapons will give states the political will to decommission standing nuclear arsenals. Development and deployment of tactical nuclear weapons can be viewed as a suitable replacement for the thousands of strategic nuclear missiles and launchers being decommissioned as part of the recently ratified New START between Russia and the United States, which represents a major step toward non-proliferation of strategic nuclear weapons. The treaty exempts tactical nuclear weapons by omitting them from the language of the treaty, including as yet undeveloped miniature warheads, as both the United States and Russia have come to see the possession and deployment of tactical nuclear weapons as key to their national security. Replacing large numbers of strategic nuclear weapons with a smaller quantity of lower capacity tactical weapons marks a major movement away from proliferation of potentially world-destroying weaponry. Furthermore, the movement from proliferation of unusable strategic weapons to tactically viable, smaller nuclear weapons can be used as a means of allaying the fears of citizens in the United States, Russia, and other countries pursuing policies of non-proliferation that their countries nuclear defenses are not only still viable, but more practicable.
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Moving nuclear diplomacy away from the fear of Mutually Assured Destruction undermines world stability. Tactical nuclear weapons undermine the overarching structure of deterrence in nuclear diplomacy. Nuclear weapons create stability, as described in the doctrine of Mutually Assured Destruction (MAD). Countries with nuclear weapons have no incentive to engage in open military conflict with one another; all recognize that they will suffer destruction if they choose the path of war1. If countries have nuclear weapons, fighting simply becomes too costly. This serves to defuse conflicts, and reduce the likelihood of the outbreak of war. When states have nuclear weapons they cannot fight, making the world a more peaceful place. Furthermore, armed with a nuclear deterrent, all states become equal in terms of ability to do harm to one another 2. If a large state attempts to intimidate or to invade a smaller neighbor, it will be unable to effectively subdue it, since the small state will have the power to seriously injure, or even destroy, the would-be invader with a few well-placed nuclear missiles3. The dynamics created by MAD are entirely lost when miniaturized, tactical nuclear weapons are brought into the equation. By considering nuclear weapons to no longer fit into the rigid framework of MAD, which ensures that they are not used except in response to existential threats, their use becomes more likely and more accepted as a strategic tool. For example, the 2002 United States Nuclear Posture Review recommends the integration of nuclear weapons into the broader strategic framework of the military and defense department. Such reconsideration can only make the use of nuclear weapons more likely4. Clearly, the development of tactical nuclear weapons will only destabilize world relations, not offer greater security. 1 Waltz, Kenneth. 1981. "The Spread of Nuclear Weapons: More May Better". Adelphi Papers 171. London: International Institute for Strategic Studies. 2 Jervis, Robert. 2001. "Weapons Without Purpose? Nuclear Strategy in the Post-Cold War Era". Foreign Affairs. 3 Mearsheimer, John. 1993. "The Case for a Ukrainian Nuclear Deterrent". ForeignAffairs. 4 Arkin, William. 2002. "Secret Plan Outlines the Unthinkable". Los Angeles Times.
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The development of tactical nuclear weapons by one state would lead to a new global arms race. When one state develops a new military technology that could potentially tip the strategic balance in its favor, other countries are quick to take notice and to attempt to develop the technology themselves. During the Cold War, the nuclear arms race between the United States and Soviet Union reached a fever pitch, with both states spending vast quantities of money and resources to build newer, deadlier, and ever more plentiful nuclear arsenals. Since the dissolution of the Soviet Union, however, the nuclear arms race has been at low ebb. Recent moves by the United States, as well as Russia and China, to develop newer, smaller nuclear weapons, as well as to open discussion of tactical application of such weapons outside the paradigm of MAD, however, threaten to bring the nuclear arms race into the 21st century1. If nuclear weapons begin to permeate the tactical decisions of states, from use in bunker-busting to destroying armor formations, they will cease to hold the special power of fear that has kept them from ever being employed in combat since World War II. A race to develop easier to use, less accountable weapons, while eroding the taboo against their use, spells a recipe for disaster. 1 Jervis, Robert. 2001. "Weapons Without Purpose? Nuclear Strategy in the Post-Cold War Era". Foreign Affairs.
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The way tactical nuclear weapons need to be deployed control of their use is devolved to field commanders, vastly increasing the probability that in the event of conflict they would be used. Tactical nuclear weapons are much smaller than their strategic counterparts, and are designed to be deployed in higher numbers and nearer the enemy. This reality has a number of very negative consequences when considering the likelihood of nuclear war. First, control over tactical nuclear weapons is necessarily devolved to field commanders, since they control both the warheads and delivery systems for the weapons deployed near the enemy. This necessarily increases the likelihood of trigger-happy commanders using nuclear weapons, and little practical means of stopping them. Second, because of their deployment positions, should an enemy make an incursion into a country's territory, its tactical nuclear weapons batteries could risk capture by the invader. This generates a "use them or lose them" problem, and when coupled with the fact that the weapons are under the direct control of individual field commanders, the weapons might well be used. The result would likely be rapid escalation of hostilities, and possibly full-scale nuclear war. In Pakistan, for example, tactical nuclear weapons have been deployed and war games practiced for the eventuality of an Indian invasion (The Economist, 2011). The risks of war and of nuclear holocaust are only raised by tactical nuclear weapons. 1 The Economist. 2011. "A Rivalry that Threatens the World". The Economist.
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Tactical nuclear weapons are very expensive to design and build, yet will likely have no new strategic value. Countries have spent many billions of dollars developing tactical nuclear weapons in recent decades in the hope of maintaining their positions as nuclear powers with access to a whole range of terrifying weapons. However, little real applicability exists for most of these weapons. Weapons such as the Robust Nuclear Earth Penetrator (RNEP), being developed in the United States at enormous cost, is designed to burrow deep underground to destroy enemy bunkers, yet it is as yet unusable, since the weapon cannot as yet burrow even a tenth of the distance underground necessary to prevent considerable radioactive fallout in the area surrounding the blast site1. In fact, many scientists say the weapon is a chimera and will never be capable of doing what it is meant to without risking huge collateral damage. Furthermore, it is unlikely that many states would consider the use of nuclear weapons appropriate, regardless of size. This international taboo should be considered a positive step toward peace, and not be tampered with by overzealous governments seeking strategic advantage. Overall, tactical nuclear weapons will likely prove to be little more than expensive dust-gatherer in most cases. 1 Union of Concerned Scientists. 2005. "Robust Nuclear Earth Penetrator".
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There is no real risk of a new global arms race arising from the development of tactical nuclear weapons. No country is suggesting, nor would ever likely suggest, a relaxing of controls on the use of nuclear weapons. Tactical nuclear weapons are simply more advanced, more discriminating nuclear weapons. They would not be used except in the utmost extremity, as with all nuclear weapons. While tactical nuclear weapons may find greater applicability in the field, it does not mean they would result in a new arms race.
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MAD is not an effective means of maintaining world security. It relies upon states being too afraid to ever attack one another with nuclear weapons, but the risk of one doing so remains, irrespective of the doctrine. It has too many inherent risks and raises the very real chance, as weapons amass and proliferate, of their being used1. At the same time, should a nuclear weapon be used by a rogue state against another country, that country must have some means of retaliation. The problem is that the weapon likely to be used in such an attack will be crude and incapable of doing the sort of damage that a refined nuclear weapon of the Western nuclear powers could. This makes the question of what constitutes a proportional response difficult to answer. Should North Korea, for example, ever be able to attack the United States or its allies with nuclear weapons, its crude missiles will warrant a response, but quite possibly not a strategic nuclear missile-sized response. For this reason, the development of smaller, more versatile nuclear weapons makes these strategic considerations easier to manage, and allows for a range of responses left unavailable by the current blunt instrument of strategic nuclear missiles. 1 Sagan, Scott D. 1993. The Limits of Safety: Organizations, Accidents, and Nuclear Weapons. Princeton: Princeton University Press.
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Even under the most radical proposals for reform, loopholes will exist and enable candidates to spend more or reach their audiences through alternative means. This was precisely the kind of development which led reformers to want to close the soft-money loophole. As with the tax system, the more elaborate the regulation, the more obscure and distorting the ways that are adopted to get around it. There is actually a higher turnover in public office than some critics of the present campaign finance systems would like to admit. Retirements, scandals, and careful allocation of party resources make turnover possible under a variety of scenarios. Turnover also has significant negative effects, as critics of term limits have pointed-out. The more often new officeholders begin their jobs the steeper the "learning curve" for a new Congress or other legislative body becomes. Moreover, the effect for challengers could be different. Finance limitations benefit the most popular candidates who already have a large base of support. Political minorities, newcomers, and outcasts will find it difficult to reach enough people to raise the money they need through many small contributions. The financial limitations further limit the possibilities for such campaigns in the future.
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Neither individuals nor corporations should be permitted to make unlimited contributions Currently, Super PACs are organizations that can receive unlimited contributions, which encourages the belief that the amount of money contributed is directly correlated to the amount of influence the donor could have. By permitting individuals or corporations to make unlimited contributions, the current legislation undermines the democratic character of the elective process. Political figures related to the sponsored Super PACs have an incentive to satisfy the needs of those who contribute huge amounts of funding towards their campaign rather than meet the needs of the average citizen. This is not the way that democracy should be; it must represent the viewpoint and needs of the majority of the population, not just the small fraction of it that is wealthy enough to effectively pay for policies they want. Furthermore, caps on contributions to Super PACs will bring competition in elections back into the mainstream and when more citizens contribute to politicians, they will be more engaged in politics. [1] For example, the pass of the Bipartisan Campaign Reform Act (BCRA) eliminated soft money for parties and attempted to handle the elections contributions through PACs. With the elimination of soft money for parties, the role of interest groups investment decreased in the 1990s. [2] Obama’s campaign in 2008 raised 114.1 million or 34% of his general election fund from small contributions. His unprecedented small donor fundraising success can be interpreted as increased credibility and public visibility for Obama and through this the benefit of mobilizing lots of small donations. In 2008, Obama used online communications and social networking tools to reach and mobilise more people. In effect of this approach, he not only inspired an unprecedented number of young and retired people to get involved in the campaign, but also achieved the highest rate of small contributions. [3] [1] Malbin, Michael, Anthony Corrado, Thomas Mann, and Norman Ornstein. "Reform in an Age of NEtworked Campaigns." Campaign Finance: The Problems and Consequences of Reform. By Robert Boatright. New York: International Debate Education Association, 2011. 84-106. Print. [2] Franz, Michael. "The Interest Group Response to Campaign Finance Reform." Campaign Finance: The Problems and Consequences of Reform. Ed. Robert Boatright. New York: International Debate Education Association, 2011, 2011. 66-83. [3] Malbin, 2011.
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Further reforms would create a level playing field A further reform limiting super PACs would have the effect of leveling the playing field for candidates. Candidates with enormous leadership potential but small wallets have failed due to the lack of resources. Under a reformed campaign finance system, it will be more difficult for well-financed candidates to win purely because of the money they have. Incumbent candidates have a unique advantage over challengers in the present system because of their direct connections to important sources of money. Campaign finance reform will make elections more competitive and thus enhance higher turnover or "fresh blood" in politics. This is essential for challenging old orthodoxies and bringing in new ideas. It will also make it easier for members of ethnic minorities and the working class to seek office - such groups are disproportionately deterred from candidacy by the current need to raise large sums of money. Quantitative analysis of elections involving incumbents from twenty-five states across three election cycles indicate that more stringent campaign finance laws increase the likelihood of new challengers to the current incumbent. [1] Financing laws limiting fundraising increase the likelihood of minority-party and independent challengers and produce higher rate of election competition. As a result challengers feel they have better chances against the incumbents. [1] Hamm, Keith E., and Hogan, Robert E., “Campaign Finance Laws and Candidacy Decisions in State Legislative Elections”, Campaign Finance: The Problems and Consequences of Reform. Ed. Robert Boatright. New York: International Debate Education Association, 2011, 2011. 171-191.
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It is exactly because certain organizations have particular interests that it is important to reveal when they fund Issue Ads or campaign initiatives [1] . People hold these biases and views of organizations like the National Rifle Association for a reason. If the involvement of this organisation invokes suspicion in a conscientious voter, then that voter has the right to be alerted about that suspicion. [1] McIntire, Mike. "The Secret Sponsors." New York Times 02 Oct 2010, n. pag. Web. 30 Nov. 2011.
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Profiling is consistent with individual rights: Profiling is not about demonizing people or violating their rights. As Mark Farmer argues: "It still amazes me how words can be so quickly demonized, so the very mention of the word causes irrational outrage. “Profile” doesn’t mean baseless discrimination against a certain nationality or race — in this case, it means judging people at airports by set of criteria which raise a red flag." [1] Profiling, by making security more effective, would in fact better safeguard everyone’s rights. Khalid Mahmood, a Muslim Labour MP for Birmingham, argues: "I think most people would rather be profiled than blown up. It wouldn't be victimisation of an entire community. I think people will understand that it is only through something like profiling that there will be some kind of safety. If people want to fly safely we have to take measures to stop things like the Christmas Day plot. Profiling may have to be the price we have to pay. The fact is the majority of people who have carried out or planned these terror attacks have been Muslims.” [2] The state has a duty to protect its citizens by ensuring that its security apparatus is effective and adaptable, even if this means running afoul of political correctness and the rights of those individuals affected. According to Michael Reagan, president of The Reagan Legacy Foundation: "Political correctness killed innocent people at Fort Hood, an Army base in Texas, when Maj. Nidal Malik Hasan gunned down 13 people and wounded many others despite the fact that his fellow officers were aware of his attachment to radical Islamism and all that it implied. It is the same political correctness that is stopping us today from doing what we truly need to be doing at airports and other public places: profiling all passengers." [3] As long as there is a net benefit to everyone of increased security, then individual rights are actually better protected, as everyone who travels has a greater chance of not being blown up. The state should accord a higher priority- when balancing the competing rights claims of citizens- to policies and powers that protect individuals from terrorist attacks than to protecting citizens from the transient feelings of victimisation and isolation that result from profiling. The harm that results from failing to uphold the former is much, much greater than the harm that would attach to the later. Therefore the state should protect the individual rights of its citizens by ensuring that they are protected first –by instituting security profiling at airports. [1] Reagan, Michael. "Profiling is answer for U.S. airport security." Athens Banner-Herald. 27 November 2010. [2] Sawer, Patrick. “Muslim MP: security profiling at airports is ‘price we have to pay’”. The Telegraph. 2 January 2010. [3] Reagan, Michael. "Profiling is answer for U.S. airport security." Athens Banner-Herald. 27 November 2010.
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Profiling is effective and necessary: It is an unavoidable fact that most terrorists today fit into certain demographics and categories, and so it is worth creating profiles of these categories and investigating more thoroughly anyone who fits into these profiles, as they are far more likely to be potential terrorists. As Asra Q. Nomani argued in 2010: "As an American Muslim, I’ve come to recognize, sadly, that there is one common denominator defining those who’ve got their eyes trained on U.S. targets: MANY of them are Muslim—like the Somali-born teenager arrested Friday night for a reported plot to detonate a car bomb at a packed Christmas tree-lighting ceremony in downtown Portland, Oregon. We have to talk about the taboo topic of profiling because terrorism experts are increasingly recognizing that religious ideology makes terrorist organizations and terrorists more likely to commit heinous crimes against civilians, such as blowing an airliner out of the sky. Certainly, it’s not an easy or comfortable conversation but it’s one, I believe, we must have." [1] This resolution would not require the targeting of all Muslims, but rather those who meet further profile characteristics. As Dr Shaaz Mahboob, of British Muslims for Secular Democracy, said in 2010: "We have seen that certain types of people who fit a certain profile – young men of a particular ethnic background – have been engaged in terror activities, and targeting this sort of passenger would give people a greater sense of security. Profiling has to be backed by this type of statistical and intelligence-based evidence. There would be no point in stopping Muslim grandmothers." [2] Profiles would be compiled and acted on using a range of information, not just details of passengers’ ethic and racial backgrounds. Information about passengers is already voluntarily provided so this information can be used to eliminate the 60-70% of passengers who are of negligible risk.. State-of-the art screening technologies could then be applied to the remaining pool of passengers, for which less information is known. As a consequence, these individuals may be subjected to the highest level of security screening, and in some cases, prevented from flying. [3] Philip Baum, editor of Aviation Security International, argues: "I have been an ardent supporter of passenger profiling for many years. It is the only solution that addresses the problems of the past as well as those of the future. The problem is the word “profiling” itself, as it conjures up negative connotations. A traveler’s appearance, behavior, itinerary and passport are factors to consider in effective profiling. Effective profiling is based on the analysis of the appearance and behavior of a passenger and an inspection of the traveler’s itinerary and passport; it does not and should not be based on race, religion, nationality or color of skin. We need an intelligent approach to aviation security that deploys common sense to the security checkpoint. We require highly trained, streetwise, individuals who can make risk assessments of passengers as they arrive at the airport and determine which technology should be used for screening." [4] Intelligent, well designed and responsive profiling systems study passenger’s behavior in-situ in addition to their background and appearance. Police officers and security camera operators can be trained to recognize signs of nervous or apprehensive behavior that passengers might exhibit. Brigitte Gabriel, founder and president of ACT! for America, said in December of 2009: "We're not talking only about profiling Muslims. We need to take a lesson from the Israelis. When you go through security checkpoints in Tel Aviv airport, you have very highly trained screeners. Someone who is about to carry on a terrorist attack acts nervous, acts suspicious [under such scrutiny]." [5] Profiling would probably have picked up on would-be Christmas Day bomber Umar Farouk Abdulmutallab, who notably paid for his ticket in cash, did not have any checked luggage, had booked a one-way ticket to the United States, and claimed he was coming to a religious ceremony. [6] Together, these actions are extremely suspicious and it would have been correct, justified and indeed prudent for airport security to have investigated him on the basis that he met the profile of a possible terrorist. It was only later luck which meant that he was caught instead of succeeding in his attack, all on the basis of the absence of security profiling – fully eight years after the 9/11 attacks. Passenger profiling has a record of success in Israel. As Thomas Sowell, senior fellow at the Hoover Institution, argues: "No country has better airport security than Israel – and no country needs it more, since Israel is the most hated target of Islamic extremist terrorists. Yet, somehow, Israeli airport security people don't have to strip passengers naked electronically or have strangers feeling their private parts. Does anyone seriously believe that we have better airport security than Israel? Is our security record better than theirs? 'Security' may be the excuse being offered for the outrageous things being done to American air travelers, but the heavy-handed arrogance and contempt for ordinary people that is the hallmark of this [G. W. Bush] administration in other areas is all too apparent in these new and invasive airport procedures. [...] What do the Israeli airport security people do that American airport security does not do? They profile. They question some individuals for more than half an hour, open up all their luggage and spread the contents on the counter - and they let others go through with scarcely a word. And it works.” [7] Therefore until such security resources are used appropriately, we will never achieve a secure air transportation system, and terrorism and its awful human consequences will remain a constant threat and fear. [1] Nomani, Asra Q. "Airport Security: Let's Profile Muslims". The Daily Beast. 29 November 2010. [2] Sawer, Patrick. “Muslim MP: security profiling at airports is ‘price we have to pay’”. The Telegraph. 2 January 2010. [3] Jacobson, Sheldon H. "The Right Kind of Profiling". New York Times Room for Debate. 4 January 2010. [4] Baum, Philip . "Common Sense Profiling Works." New York Times Room for Debate. 4 January 2010. [5] Groening, Chad. “U.S. airport security - 'profiling' a must”. OneNewsNow. 31 December 2009. [6] Groening, Chad. “U.S. airport security - 'profiling' a must”. OneNewsNow. 31 December 2009. [7] Sowell, Thomas. "Profiling at airports works for Israel". The Columbus Dispatch. 24 November 2010.
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If terrorists were really unintelligent and unimaginative enough to be beaten by such a blunt tool as security profiling, we would have been able to stop them long ago and would not have the difficult security situation we do now. Rather, if we introduce invasive security profiling similar to the procedures used in Israeli airports, terrorists will simply adapt their methods in order to circumvent it. Terrorists will recruit from different, non-profiled groups. They will alter their dress and train their operatives to act differently. With respect to American air transportation, al-Qaeda already appears to be changing its tactics in response to the stricter screening and checking processes introduced by the Department for Homeland Security: since 9/11, two attempted attacks on US aviation involved a non-Arab Nigerian and a Briton with the last name of “Reid.” [1] Terrorists can adapt in countless ways which will render security profiling not only useless but also counter-productive. Innocent men and women who fit the profiles designed by the security services are subjected to further scrutiny when passing through airports. In American airports, they are frequently removed from queues by TSA officials, segregated from other passengers and exposed to close contact body searches. Prima facie, these individuals will understand that they have been singled out because of their race or religion. This does nothing to address or rebut religious radicals’ attempts to portray America as inherently racist and imperialist, and its foreign policy as arbitrary and cynical. The resolution may serve to alienate migrant communities that could otherwise provide valuable intelligence to the security services. Members of these communities will be less likely to voice their concerns if they feel that the authorities will use the information they provide to justify further summary searches and interrogations of air passengers. Moreover, an Israeli-style profiling system would simply not be scalable to the volume of passengers passing through major airports in America or other countries larger than Israel. As Mark Thompson argues: "I think it’s pretty clear that the reason a “profiling” system would not work and indeed has not been attempted in the US is that it’s not scalable. Israel has one major airport, which by US standards would only be “mid-sized.” Yet look at the security line at that airport, which is more befitting of Newark or Atlanta than it is of Pittsburgh or St. Louis. A good profiling system is labour-intensive in a way that our system simply does not have the capacity to implement, and would unacceptably undermine the numerous sectors of our economy that rely heavily on air transportation. And this says nothing of the direct economic costs of appropriately training and paying security officers charged with conducting the profiling. Nor, as the article above suggests, does it say anything about eliminating the bureaucratic infighting and secrecy amongst American intelligence agencies in a manner that would allow tens of thousands of airport security personnel access to the intelligence necessary to adequately do their jobs." [2] [1] Thompson, Mark. "Profiling, Political Correctness, and Airport Security." The League of Ordinary Gentleman. 29 November 2010. [2] Thompson, Mark. "Profiling, Political Correctness, and Airport Security." The League of Ordinary Gentleman. 29 November 2010.
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Profiling is racist: Profiling in many ways would simply result in institutionalized racism, as Mark German argues: “racial profiling is wrong, un-American and unconstitutional. It is institutionalized racism.” [1] Mark Thompson adds: “So it’s not 'political correctness' (aka the Equal Protection clause of the 14th Amendment) that is standing in the way of replacing full-body scans with a strong and effective profiling system: its reality. All that 'political correctness' is preventing is the implementation of an equally (and likely even more) ineffective piece of security theater in which we single out one minority group for intensive screening while giving a pass to everyone else. This would certainly annoy fewer people, but it wouldn’t make us safer and its sole benefits would be accomplished by treating an entire minority group as second-class citizens." [2] In any legal system which claims to give its citizens equal rights or equal protection of the law, security profiling is unacceptable. Profiling will target certain groups more than others. Even innocent members of these groups are made to feel like second-class citizens, and that the government suspects them of being terrorists without evidence – simply because of who they are. These individuals will be very visibly reminded of this every time they are segregated out at airport security, while they watch other non-suspects (who will be predominantly white and Christian, or at least non-Muslim) not being subject to the same scrutiny. The non-suspects will see this as well, and this may re-enforce any notions they have that all Muslims are potential terrorists and thus are suspect. Therefore because security profiling harms certain groups of citizens in unacceptable ways, it should not be instituted. [1] German, Michael. "Wrong and Unworkable". New York Times Room for Debate. 4 January 2010. [2] Thompson, Mark. "Profiling, Political Correctness, and Airport Security." The League of Ordinary Gentleman. 29 November 2010.
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Profiling is ineffective at increasing security: Terrorists simply do not conform to a neat profile. Many suspects linked to past terrorist attacks that have been apprehended or identified come from within the United States and European Union countries. Profiling does not help against individuals with names and ethnic backgrounds like Richard Reid, Jose Padilla, David Headley and Michael Finton. [1] Many terrorists have been European, Asian, African, Hispanic, and Middle Eastern, male and female, young and old. A significant number of domestic and aspiring terrorists have been found to be “clean skins” – individuals with no prior link to known fundamentalists, who have radicalised themselves by seeking out terror related materials on the internet. Umar Farouk Abdul Mutallab was Nigerian. Richard Reid, the shoe bomber, was British with a Jamaican father. Germaine Lindsay, one of the 7/7 London bombers, was Afro-Caribbean. Dirty bomb suspect Jose Padilla was Hispanic-American. The 2002 Bali terrorists were Indonesian. Timothy McVeigh was a white American, as was the Unabomber. The Chechen terrorists who blew up two Russian planes in 2004 were female. Palestinian terrorists routinely recruit 'clean' suicide bombers, and have used unsuspecting Westerners as bomb carriers. [2] Racial profiling is a shortcut based on bias rather than evidence. Unfortunately there is no such thing as a “terrorist profile.” There was in 2005a Belgian woman who became a suicide bomber in Iraq, would profiling have picked her up? [3] It is sometimes suggested to target Muslims, reasoning that some are bound to be “radicalized.” But Islam is a global religion. Which characteristics should the security services look at to determine whether someone is a Muslim? Name? Appearance? In 2000 63% of Arab Americans were Christian and only just under a quarter were Muslim. [4] Inevitably only certain groups will be profiled, this then leaves open the possibility that terrorist organisations will simply recruit from other ones, as Michael German (a former FBI agent) argues: “Racial profiling is also unworkable. Once aware of national profiling, terrorists will simply use people from “non-profiled” countries or origins, like FBI most-wanted Qaeda suspect Adam Gadahn, an American. What will we do? Keep adding more countries to the list of 14 until we’ve covered the whole globe?" [5] Terrorists can easily out manoeuvre profiling systems. Profiling creates two paths through airport security: one with less scrutiny and one with more. Terrorists will then want to take the path with less scrutiny. Once a terrorist group works out the profile they will be able to get through airport security with the minimum level of screening every time. [6] Massoud Shadjareh (the chairman of the Islamic Human Rights Commission,) argues: " What's to stop them dressing up as orthodox Jews in order to evade profiling-based searches?" [7] Moreover, the model of security practices, including profiling, in Israel is not applicable to other Western nations, such as the United States. Terrorists that threaten Israel are from well organised local groups, and from a particular group. America on the other hand faces groups from around the world. [8] This makes profiling far more efficacious in Israel and much less so in the United States, for example. [1] Al-Marayati, Salam. "Get the Intelligence Right". New York Times Room for Debate. 4 January 2010. [2] Schneier, Bruce. "Profiling Makes Us Less Safe". New York Times, Room for Debate. 4 January 2010. [3] German, Michael. "Wrong and Unworkable". New York Times Room for Debate. 4 January 2010. [4] World Directory of Minorities, ‘Arab and other Middle Eastern Americans’, [5] German, Michael. "Wrong and Unworkable". New York Times Room for Debate. 4 January 2010. [6] Schneier, Bruce. "Profiling Makes Us Less Safe". New York Times, Room for Debate. 4 January 2010. [7] Sawer, Patrick. “Muslim MP: security profiling at airports is ‘price we have to pay’”. The Telegraph. 2 January 2010. [8] Thompson, Mark. "Profiling, Political Correctness, and Airport Security." The League of Ordinary Gentleman. 29 November 2010.
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As conservative columnist Deroy Murdock put it: “We are not arguing that the TSA should send anyone named Mohammad to be waterboarded somewhere between the first-class lounge and the Pizza Hut.” [1] There is simply no reason why security profiling necessarily has to be, or be perceived as, racist or targeted against certain groups. The vast majority of Muslim travellers do not display the kinds of suspicious behaviour which profiling will largely be based on, there will be no reason for them to seem nervous, and so will not be negatively impacted: indeed they will benefit by not being forced to submit to invasive pat-downs or body scans. They will similarly benefit from being safer in the air, as security profiling will improve the efficacy of airport security and decrease the chances of a terrorist attack which would kill Muslim and non-Muslim passengers alike. If profiling does end up resulting in more of a particular ethnic group being checked then this will not be because the profiling is racist but because these people are acting suspicious – at very most the ethnic profile would be one among many factors for deciding who should submit to greater security. [1] Nomani, Asra Q. "Airport Security: Let's Profile Muslims". The Daily Beast. 29 November 2010.
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Citizens have a right to know who is being elected to represent them Beyond the discussion of the balancing of the right to privacy, it is important to understand the nature of representatives as stand-ins for the citizens who elect them. In other words, politicians are surrogates. Their duty is to represent the people in public life across all issues and policies. [1] Yet it is impossible to ascertain the desires of the citizens on all issues in the course of an election campaign. Even harder is to understand political decision-making in a context that had not existed at the time of the election. For example, if a war was to begin suddenly in a country that had not expected any conflict and had not elected representatives on the basis of how they stood on fighting this war. But that is exactly why politicians are elected as much for who they are as what their avowed policy aims are. We elect politicians who we believe will act best under such changing conditions; the ‘3 am phone call’, how a candidate will react in a crisis, is often a major issue in U.S. Presidential elections and temperament is often the only way to judge this. [2] Mitt Romney as candidate in the 2012 election was widely considered to have lost out to Obama on this measure. [3] Understanding the personal lives of politicians allows voters to elect one who best represents them in the sense of being able to act in their place in a changing world. Thus it is critical for the good electoral decision-making that the right to privacy of politicians be infringed. [1] Hughs, J. “Does the Public Really Have the Right to Know About Politicians’ Private Lives”. University of Phoenix Online. 27 June 2011, [2] Fallows, James, “Mitt Romney Drops His 3 a.m. Phone Call”, the Atlantic, 12 September 2012, [3] Drum, Kevin, “Obama Wins the 3 a.m. Phone Call Test”, Mother Jones, 14 October 2012,
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All intense scrutiny will do is make fewer people be willing to enter politics. This does not mean the most capable will stay, only those with a higher tolerance for media intrusion, and those with a talent for concealment and spin. The result is not better governance, because the pool of potential leaders is reduced by the added pressures of losing all hope of privacy. Loss of the right privacy means worse governance.
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The power structures that command people are best challenged through attention to policy and shaping the discourse in a positive manner. Attention to private lives is simply salacious and does nothing to actually forward the cause of groups outside the elite. In fact, focus on the foibles of the few serves only to confuse and misdirect public sentiment away from where it might do the most good in the furtherance of change. If anything deserves intense scrutiny it is the power structures themselves, such as Oxbridge in the United Kingdom, not on the individuals who are mere products of it.
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Heavy scrutiny forces politicians to dedicate themselves fully to their public service When politicians see themselves constantly under the lens of public scrutiny, they are essentially forced to dedicate themselves wholesale to their duties as representatives. They are disincentivized in the extreme to pursue any transgressive or hypocritical activities behind closed doors, resulting in more energy dedicated to legislating, and less to lining their pockets or chasing interns, since the added risk of being discovered increases the cost of trying to conceal their foibles. [1] Having a culture of scrutiny of politicians private lives will mean those who most see their work as a public service and so will be dedicated to it will be the ones who seek to become politicians. Dominique Strauss-Kahn’s lurid sex life has thrown light on the sexual misconduct rife in French politics and has actually sparked a major effort to reform the system and a change to a more demanding culture towards politicians. [2] Politicians are human, after all, and susceptible to the base human urges that power unchecked is wont to accommodate. A powerful probe into politicians’ private lives can only serve the cause of better governance. [1] Hughs, J. “Does the Public Really Have the Right to Know About Politicians’ Private Lives”. University of Phoenix Online. 27 June 2011, [2] Clifford, C. and Vandoorne, S. “Scandals Put a Spotlight on France’s Hidden Sexism, Privacy Laws”. CNN. 3 June 2011,
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Heavy scrutiny serves to challenge existing power structures The power structures that command peoples’ lives are often difficult to identify. While there are usually multiple candidates to choose from at election time, in many polities they all tend to come out from small-based elite. Oxford and Cambridge, for example, serve as the incubators of power in the United Kingdom. They hold vastly disproportionate sway in composition of Parliament and other political posts, and tend to dominate the front benches of all the parties. What media scrutiny, particularly with the advent of new media, has served to be is a massive check on entrenched elites. They challenge them in their lofty offices and strike at their very hearts when they behave in ways inappropriate or hypocritical. [1] This scrutiny is often one of the only pure democratic powers available to ordinary people, even in a liberal democracy. [1] Thompson, J. 2011. “Shifting Boundaries of Public and Private Life”. Theory Culture Society 28(4): 49-70.
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Even if privacy is a fundamental human right, it is certainly not an absolute one. When the authorities have probable cause they can search the property, residence, and computers of suspects in pursuit of greater societal justice. Politicians are not simply doing a job for the electorate they are in a special position as the effective embodiment of the people’s will, and as a result the powers they wield, which is far vaster than that of any private agent, demands a higher level of scrutiny into their backgrounds, which means looking into their private lives. This is exactly the same as outside politics; the more senior and powerful the job the more rigorous the checking of the qualifications and background of the candidate must be.
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Fixating on personal lives results in infringing the rights of more than just the politicians themselves Politicians, like all people, are not islands. They have loved ones and families. When a citizen chooses to offer him or herself up as a candidate for office he or she takes on many responsibilities. However, the politician’s family can never be considered to have wholly consented to the arrangement, even if they support them in the election. They are in many ways innocent bystanders, yet when politicians are treated as having no freedom of privacy, their families too are stripped of that right unjustly. [1] Thus, the right to privacy is worth protecting for politicians even if it could be shown that they had no real personal right to such respect. Rights exist in part to protect innocent parties, and the families of politicians are innocent, and would undoubtedly be prime victims of limitless media intervention. The recent ads produced by the National Rifle Association that target President Obama’s daughters and their security detail has dragged girls who did not choose to be the president’s daughters into the spotlight. [2] Additionally, the fear of scrutiny of family might well have a serious chilling effect on anyone who might seek public office, resulting in a worse candidate pool, harming everyone. [1] Privacy International. “Privacy as a Political Right”. Index on Censorship 2010 39(1): 58-68. [2] AFP, “White House slams NRA ad targeting Obama daughters”, Google News, 16 January 2013,
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The focus of politics and politicians should be on policy Delving into the private lives of politicians does nothing to improve citizens’ understanding of who represents them except to show that a certain politician may have issues in his or her private life that is unsavoury, or slightly hypocritical. But that focus on hypocrisy is itself legislatively meaningless. If voters select a representative who then votes in accordance with their wishes, then he is doing his duty, irrespective of how he lives his own life. Thus when Newt Gingrich, for example, as Speaker of the House sought to increase federal recognitions and incentives towards stable, monogamous relationships, while at the same time leading an extramarital affair of his own, he was not acting in bad faith with the voters who backed him, but doing their will, which is the duty of a politician at base. [1] Furthermore, when personal lives are open to attack, candidates can focus their energies on denigrating their opponents instead of addressing the issues that matter. The result is worse elections, as voters are unable to distinguish candidates effectively on the basis of policy, but are rather pushed to make decisions on the basis of personal lives, which results in decision-making that is less thoroughly in their interest. [1] Kurtz, K. “Legislatures and Citizens: Communication Between Representatives and their Constituents”. National Conference of State Legislatures. December 1997,
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The private lives of politicians are a harmful distraction for the media When the lives of politicians are fair game, they necessarily become a major target for journalists. Salacious gossip sells much better than more complicated stories about policy, so they are given pride of place. The result is the media wasting time and resources on pursuing stories that are ultimately generally useless in divining policy and progress in a society. The media is society’s watchdog, and its duty is to protect the people from untruths in policy and to shield them from wicked decisions. Focusing on the personal lives does nothing to serve the actual material interests of the people. Thus when the media reports on the private lives of politicians over the more meaty issues of the day, it abrogates its most fundamental duty to its citizens. The best example of this occurring is certainly the Lewinski affair in America. While it was deeply unfortunate that the president would use his power to solicit the sexual favours of an intern, the near maniacal fixation with which the media attended the story served to halt the process of government for many months. Bill Clinton spent much of his time and energy obfuscating and apologising for his private life, while the Congress dithered over who could be the most righteous in their opposition to the president. [1] The result was one of the most farcical standstills in the history of American governance. Absent the media reporting on this story and delving into the lives of those involved, America might well have been able to focus on the things that mattered. [1] Gitlin, T. “The Clinton-Lewinsky Obsession: How the Press Made a Scandal of Itself”. The Washington Monthly. December 1998,
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All individuals have a legitimate right to privacy Privacy is a fundamental human right that is universal, a right that should be defended for all citizens, including those who govern us. [1] What people get up to in their private lives is by and large their own business. People generally speaking have a basic respect for privacy. While some people may think their politicians owe them a special duty and thus have to give up certain privileges like privacy, the covenant between citizen and representative cannot be justified on such stringent grounds. A politician is effectively an employee of his constituents and the citizens of the polity. If this was justification for scrutiny into the private lives of elected officials then why should it not also be justification for intrusion into the private lives of unelected civil servants? Both these groups are doing a job for the public, but undertraining this job does not give the public the authority to intrude into their privacy beyond questions about whether they are qualified for the job. The duty of an elected politician is not so special as to demand an abrogation of his or her ability to enjoy a private life. If a right is to have meaning, it must apply to everyone with a semblance of equality. Making politicians fair game for reporters only serves to undermine the rights all citizens enjoy. [1] Privacy International. “Privacy as a Political Right”. Index on Censorship 2010 39(1): 58-68.
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Our political situation is not as dire as this point makes it seem; it is easy to manipulate statistics between voting and reality televisions by discounting the fact that many people who vote in television shows vote multiple times – often as many as ten [1] . Young people are not completely detached from the political or the non-electronic world. Many are passionate about politics and exercising their right to vote [2] . Low voter turnout is a general trend across the nation, and if young people are failing to vote then this too reflects disillusionment with government. For example, many young people who voted for the Liberal Democrats in the UK recently were shocked when he expressly went against his promise to prevent tuition fee rises [3] . Political disillusionment among young people is also a problem in the USA [4] and Europe [5] . It is the state of politics itself, rather than the literal process of voting, which deters people from full political participation. [1] , accessed 24/08/11 [2] , accessed 24/08/11 [3] , accessed 24/08/11 [4] , accessed 24/08/11 [5] , accessed 24/08/11
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Separation would show acceptance of other religions. It is important to note that it is not religion in general which has this special access to the state in the UK but the Church of England specifically. This means that the state is showing favouritism to the Church of England over other religions by allowing it a far greater contribution to the running of the state. Therefore, separating the church and the state would put all of the religions in the country on an even level of contribution, which is none, and in the process show acceptance of these other religions. [1] This is especially important as the number of people who identify as following religions other than Christianity in the UK has doubled in the last 20 years. [2] Additionally, many people identify more with their religion than with any country and so this move would help show acceptance of those cultures by the British state. [1] Hannan, Daniel. “The Conservative Case for Disestablishing the Church.” The Telegraph. 2008. [2] Lee, Lucy, “Religion.” In Curtice, John et al. eds., British Social Attitudes Survey 2009. p.180.
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The church’s involvement undermines the role of the state. The role of the state is to protect its people and to create the conditions for its people’s prosperity. The Church does not share these objectives. The Church’s objectives are, instead, to either convert as many people as possible to its own religion, and to ‘save souls’ brining people into its own perceived afterlife. [1] The Anglican church itself considers its mission to be “transformation - transforming individual lives, transforming communities and transforming the world.” “that calling is carried out at the national level of the Church of England in evangelism, development of parish congregations”. [2] Such a mission is inherently aimed solely at benefiting those within the church or those who can be converted not society as a whole. The current confusion of state and Church, therefore, is likely to cloud the state’s judgement and limit the state’s ability to provide the maximum possible prosperity and security for its people. [1] Weller, Paul. “Time for a Change: Reconfiguring Religion, State & Society.” T&T Clark Int’l. 2005. [2] Church of England, ‘Mission’.
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The government is not going to suddenly stop listening to the views of religious minorities in the country and will keep listening to the views of the Church of England. It will simply stop the government being prejudicial towards the Church of England compared to any other religion or belief. Currently what we see is the Church of England having privileges that other religious groups do not have. Religious groups and people do not see this as a representation of the involvement of religion in general in the government, they see this as the involvement of the Church of England in the government. The separation of the church and the state, therefore, will actually be inclusive to religious people who do not identify as Church of England. [1] [1] Hannan, Daniel. “The Conservative Case for Disestablishing the Church.” The Telegraph. 2008.
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Minimal practical effect. As it stands, the Church of England’s involvement in the state actually has little effect on it. Decisions are taken by the Prime Minister and his/her government rather than by religious officials and indeed the Church of England can often be a vehicle for the government’s views rather than the Church having an influence on government. As Bishop of Rochester Nazir-Ali states ‘The church is seen simply as the religious aspect of society, there to endorse any change which politicians deem fit to impose upon the public.’ [1] Therefore, separating the church and the state will make little difference in terms of the way the state is actually run but may result in a reduction of the influence of the government on some of the population. [2] [1] Liddle, Rod, ‘The C of E has forgotten its purpose. Why, exactly, does it exist?’, The Spectator, 7 April 2009. [2] Gay, Kathlyn. “Church and State.” Millbrook Press. 1992.
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Disestablishment sidelines all religious people. Rather than other religious groups seeing the removal of the Church of England’s involvement of the state as them all being put on a level playing field, it is more likely to be seen as a total removal of religion from the government. [1] Bishop John Pritchard of Oxford argues that Anglican Bishops can be seen as acting as community leaders for all faiths and are respected as such, as a result they often support other religion’s such as Pritchard himself arguing a mosque in Oxford should be allowed to issue the call to prayer. [2] This separation of church and state, therefore, will be seen as a declaration by the government that religious groups have nothing to contribute to the operation of the state. Since nearly 50% of people in the UK identify as religious [3] this is likely to cause a feeling of being undervalued amongst a huge part of society. [1] Gay, Kathlyn. “Church and State.” Millbrook Press. 1992. [2] Bardsley, Fran, ‘Bishop backs mosque’s call to prayer’, The Oxford Times, 11 January 2008. [3] Lee, Lucy, “Religion.” In Curtice, John et al. eds., British Social Attitudes Survey 2009. p.173.
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That the separation will have little practical effect is just as much an argument for separation as against it. If there will be little change as a result then why should we stick with the status quo? The practical effect of the change may not be immense but the symbolism of the act would be much greater.
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For many marginalised workers the opportunity to work what many would consider antisocial hours is their only chance of employment. Legislating to enforce leisure time removes a valuable opportunity for earning. There are entire micro-economies based around this reality and it is unsurprising that marginalised individuals, families and communities operate within these sectors. As a result their leisure time is also shared. It is worth noting that were members of these groups excluded from the opportunity to earn would considerably diminish their capacity to enjoy any leisure time at all.
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It is simply unfair to force low-paid workers to lose a day’s work if they do not choose to do so Many people work long hours not out of greed or obsession but out of simple necessity. To deny people the right to work when they need to is unfair and, potentially, financially crippling. In an ideal world everybody would have a good work-life balance but that is not the reality faced by millions of workers, even in developed economies. Obliging workers to lose a day’s pay when that may impoverish then and their families is unlikely to enhance their family life, their level of relaxation, their spiritual experience or their access to leisure services.
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Realistically speaking, music is not even property - for property to really be property, it needs to be tangible (something physical you can touch). [1] If it is tangible, it is easier to keep you from using it, whereas when it is intangible, I can’t. What if you hear a song on the radio which stays in your head all day long because you liked it so much? In economic terms, we call such a good “non-excludable”. [2] Private property is both a rival good (see above), and excludable. The above shows that music is neither, even though we happen to call it “intellectual property”. That means that music can’t be private property, and copying it can’t really be theft in any normal sense of the word (see above). In addition, the moral right of the artist to be known as the author of a piece of music is also not broken by downloading. People usually sort the music on mp3-players by musician’s name, which means that we’re always recognizing that a certain artist made a certain song. [1] Law.jrank.org, ‘Theft – Larceny’, [2] Blakeley, Nic et al., ‘Non-excludability’, in The Economics of Knowledge: What Makes Ideas Special for Economic Growth, New Zealand Policy Perspective Paper 05/05, November 2005,
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A legal transaction is the only way to achieve free exchange of value Because the artist made the music, it is their property, in this case “intellectual property”. Property means that the owner/artist has the right to ask something from you in exchange for you gaining access to the music. This may be money. It may also be the requirement that you clearly recognize the artist’s moral right to always be mentioned as the creator of that music. This is called the “free exchange of value”, and this is the most fundamental relationship in our free market economy. Whatever the artist chooses as payment through a legal transaction, it is his/her basic right to ask this of you. The only way to make sure that he/she can actually exercise that right is by making sure you only take music from the artist through a legal transaction, i.e. with their permission. Only then can we be sure that the desired free exchange of value has taken place
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It’s true that musicians have to eat, too, but it’s not true that downloading cuts their income. Most of the money spent on music goes to record companies, not to artists, from each retail CD sold the artist only gets between 3 and 10%. [1] Those record companies have been keeping musicians on a leash for decades, paying them less than they could. They paid them enough to make sure they would remain fulltime musicians, but not so much that they didn’t bother to create new albums. So if downloading music files means record companies miss out on some income, we shouldn’t feel bad about it. [1] Information is Beautiful, ‘How Much Do Music Artists Earn Online?’, 13 April 2010,
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It is a mistake to think that when you’re downloading, there isn’t someone else making a huge profit. Torrent sites and other “pirate” sites gain huge amounts of income from the advertisements on their site. This means that they profit from material which is not theirs. Why should they profit from material they have gotten unfairly and without permission?
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Downloading does not fall under the so-called “private copy exception”. The private copy exception only covered those rare cases when you took the effort to make a copy from a lawful source (perhaps putting a song you owned on CD on to a cassette so you could listen to it in your car). With the internet, the situation changed hugely. Firstly, copying became a lot easier. Secondly, the home copy-exception applies to when you borrow an album from a friend - someone you know. Online, you’re downloading from anyone, anywhere who happens to have the song you want. Thirdly, when you start downloading using peer-to-peer software, you will usually also start uploading at the same time. It’s the nature of p2p-technology that you both distribute and consume. So, you’re not just making a copy for yourself, you will also be distributing the same song, and that distribution is in any case wrong. These changes together mean that the three step-test is not met, so downloading does not fall under the private copy exception and is therefore illegal.
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There is a private copy exception Downloading music without permission is allowed under the “private copy exception”. Practically, the exception meant that you were allowed to copy, but not distribute any music. Downloading music from a torrentsite or newsgroup is essentially the same. People who download music do it purely for their own enjoyment and use. They have no intention to resell the songs and make a profit from it. So, if it was legal to make a copy for personal use before the internet was invented, why then should it suddenly be different afterwards? Indeed while the private copy exception is not universal it is allowed under the Information Society Directive within the EU. [1] And when it comes to peer-to-peer software, you can turn off the option to upload automatically. This allows you to only download, but at a slower speed. [1] European Parliament, Article 6/4, ‘Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society’, Official Journal, L 167 , 22 June 2001, pp. 10 – 19,
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Record companies have been blamed for unfair practices, like DRM, “milking” artists (see opposition argument 3), or suing individual downloaders for unfair damages. But record companies also have a very positive role to play: they scout every day for new talent, and offer training and production studios for up-and-coming musicians. Moreover, they provide valuable marketing services, making sure that new artists get heard instead of drowning in the vast sea of information that is the internet. Consider this, how do you even know which song to download? A large part of that is because record companies get the music out there, on to radio stations, all over MySpace, on MTV, so that you get to hear it for the first time. Those are things a musician is not trained to do and very often does not want to do, which is why it is good to have record companies [1] . [1] Hole, Max, ‘The future for record companies’, ifpi, June 2007,
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People have enough means to protect their careers Whistleblowers shouldn’t be protected by internet anonymity, but by legal measures, making it illegal to fire people for whistleblowing, and by building a corporate culture that actually ‘prevents whistleblowing by encouraging it’. [1] In the case of job applications, social networking sites like Facebook might not be anonymous, but lack of anonymity isn’t equal to full publicity. This is why, after criticism, Facebook has increased the visibility and usability of its privacy controls, which means that users themselves have more control over who is allowed to view their pictures and who is allowed to read their newsfeed. [2] If an employer still discovers someone’s fraternity party pictures with just a simple google search, then really the ‘victims’ themselves should take part of the blame by deciding to publish these pictures for all to themselves. Moreover, when employers take a peek at someone’s Facebook-profile, they might be looking for something different contrary to expectations: a lot of party pictures may be associated with the personality trait of extroversion, which many employers actually consider a good not a bad thing. [3] [1] Lilanthi Ravishankar, ‘Encouraging Internal Whistleblowing in Organizations’, 2003. Published online for the Markkula Center for Applied Ethics, URL: [2] The Guardian, ‘Facebook to improve privacy controls over public visibility’, December 12, 2012. URL: [3] Forbes, ‘What employers are thinking when they look at your profile page’, June 3, 2012. URL:
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Internet anonymity isn’t necessary to exercise citizen’s right to free speech Even when we accept the theoretical principle of free speech, the past years have shown that internet anonymity is not necessary for citizens to exercise their right to free speech. First, look at ‘access to the internet’ as a prime factor, regardless of whether it’s anonymous or not: In the case of the Arab spring, the causes of the unrest were increased oppression and a declining economic climate. [1] Internet access wasn’t that much of an enabling factor in the Arab Spring: the countries that saw the highest mobilization of citizens (Egypt, Libya, Syria, Tunisia and Yemen) actually rank lowest in internet penetration of all Arab countries. [2] Secondly, let’s look at anonymity on the internet, provided that access is given: Again, the Arab Spring shows that anonymity isn’t a decisive factor at all. In Egypt and Tunisia, Facebook was a main vehicle to organize protests, [3] yet Facebook doesn’t allow anonymity – up to the extent that Julian Assange, founder of WikiLeaks called Facebook ‘the most appalling spying machine that has ever been invented’. [4] All this shows that internet anonymity isn’t as crucial a factor in fostering political dissidence as its proponents like to believe. [1] Foreign Common Wealth Office, ‘The Causes of the Arab Spring’. URL: [2] Yale Global, ‘Three Myths About the Arab Uprisings’, July 24, 2012. URL: [3] The National, ‘Facebook and Twitter key to Arab Spring uprisings: report’, June 6, 2011 URL: [4] Cnet, ‘Assange: Facebook is an appaling spy machine’, May 3, 2011. URL:
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First off, it is quite possible the gender ratio imbalance is not as large in China as it is thought to be because many families do not register their female children in order to circumnavigate the one-child policy. Proposition thinks that trafficking will decrease under their policy. We would argue that it would increase or at the very least not decrease. These atrocities take root when a society finds more value in women as economic objects than as people. The cash transfer scheme does little to increase women’s value as people but explicitly and dramatically increases their value as economic objects. This plan does not reduce or create any disincentive for exploitation of women or girls, but it does guarantee a revenue stream from doing so In some traditional cultures, women are used as tender to settle debts, through forced marriages, or worse. Presumably the cash transfers are to the families, not the girls themselves. This reinforces the powerlessness of women relative to their families and only reinforces their families' potential gain from economic exploitation. With the addition of cash, there would be an increased incentive reason to exploit this renewable resource. We on side Opp feel that this behaviour is dehumanizing and deplorable and the risk of increased objectification and exploitation is, by itself, sufficient reason to side with the Opposition. A higher female birth rate is not a good in of itself if these women are likely to be mistreated worse than the current female population as it is not only life we value but quality of life and it is surely unethical to set policies that will increase the number of people being born into lives of discrimination.
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The policy will help alleviate the social problems arising from the imbalance A balanced gender ratio allows that every man has a woman to marry – theoretically of course as not every individual wants to marry and not every individual is heterosexual. The majority of men and women do want to get married. In China, men face such competition to find a wife that they spend several years living in horrific conditions in order to save up enough money to have a property with which to present a prospective wife. Without a property these men will never find a wife. These men clearly have a desperate desire to find a woman. [1] There are 3 problems with this situation. 1) The dissatisfaction men experience when they strongly desire to marry but cannot is an unhappy thing and surely lowers their quality of life. By 2020 there will be 24 million Chinese men of marrying age with no wives. It has even been suggested that this dissatisfaction is contributing to a rising crime rate in China. [2] 2) Because men are so desperate they will take any woman they can get. The dating agency industry has grown massively in China and parents even gather in town squares to advertise their daughters, rejecting or accepting candidates based only on whether or not they have a property and a good job. This means couples are less likely to be compatible and, though divorce is not as popular in China as in the west, couples are more likely to be unhappily married. Divorce has increased a huge amount as the gender imbalance has increased. [3] 3) Those men who do not find wives often look to prostitution or possibly women trafficked into the country for companionship and sex. 42 000 women were rescued from kidnappers in China between 2001 and 2003. There are clear harms to the women involved in such activities and to women’s rights as a whole when this occurs. There are harms to society as a whole when this occurs in the name of HIV and other STDs. [4] 4) The prevalence of prostitution and trafficking as well as the focus on male wealth when it comes to dating and marriage placed women in a position where they are seen only as a financial asset or commodity to be sold, bought or traded. Placing women in this position will have psychological harms such as lowered self-esteem and more tangible harms when society treats them with less respect and women’s rights cease to develop in a positive direction. [1] Gladstone, Alex and Well, Greg. “Material girls lose good men.” Shanghai Daily. 2011. [2] Sughrue, Karen. “China: Too Many Men.” CBS News. 2009. [3] “More women opt to end unhappy marriages.” China Daily. 2002. [4] Raymond, Janice. “Health Effects of Prostitution.” The Coalition Against Trafficking of Women. 1999.
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We agree that a policy to ban abortion is not conducive to the encouragement of women’s rights. We would argue, however, that more rigorous policing of prenatal gender determination could be effective. For example, an amnesty could be issued for handing in of illegally used ultrasound devices, possibly even with a financial reward for turning these in. Further investigation could be made into rumours of places where one might access prenatal gender determination. It may be difficult but all crime detection is difficult but we do it because it is important. Propaganda has been known to change age old ideas. It is an extremely powerful force. China has shown the power of propaganda through its censorship of the internet, protectionist policies in the film industry and control of print and radio media which help ensure that the Communist party stays in power. Of course, propaganda can also be used to create positive effects. What’s important to note about propaganda is that it takes time. Propaganda in South Africa which aims to encourage the use of condoms and greater HIV awareness is only now beginning to work after ten years of running such campaigns. New infections in the teenage age group (the age group most exposed to HIV awareness particularly through schools) have decreased. [1] There is no reason why this cannot be a very effective tool in changing people’s mindsets about gender. Furthermore, some of the changes in society will happen naturally as countries like China and India develop. As more women are educated and get jobs, people will start to realise women’s value and women will probably have more influence in the decision of whether or not to go through with a pregnancy. It is a historical trend that nations offer more freedoms and they become more economically developed. [2] Wealth leads to liberalisation and greater exposure to western ideals. [1] “HIV/AIDS in South Africa.” Wikipedia. [2] Mosseau, Michael, Hegre, Havard and Oneal, John. “How the Wealth of Nations Conditions the Liberal Peace.” European Journal of International Relations. Vol. 9 (2). P277-314. 2003. “HIV/AIDS in South Africa.” Wikipedia.
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Gender equality Men and women deserve to enjoy equal rights. In China and India women do not enjoy equal rights. By encouraging couples to produce girls we contribute to the resolution of two problems. Female children are likely to be treated poorly in comparison their brothers. They may be given smaller quantities of food, less education etc. It is not only the physical differences in the upbringing of boys and girls that are noteworthy but also the emotional. Particularly in families without sons, daughters are led to experience guilt and a sense of inferiority because their parents are disappointed in their gender. These girls will grow up in a home without gender equality and therefore will come to accept a smaller share of family wealth as an adult and be unfit psychologically to denounce male dominance. The girls are likely to later perpetuate gender inequality amongst their own children. [1] By making it beneficial for parents to have female children, we make parents less likely to make their daughters feel guilty and inferior for their gender. Furthermore, educational grants will allow girls access to education – which is both intrinsically valuable and valuable in that it will allow the possible financial independence and the confidence to denounce male domination. Similarly, men will receive a message that it is more praiseworthy to produce a son. In essence, allowing selective abortions to take place without taking action against this practise is allowing gender inequality to stagnate in the popular wisdom. It is important to take a stance especially in a country like China where government ideology heavily effects the people. [1] Gupta, Monica. “Selective Discrimination against Female Children in Rural Punjab, India.” Population and Development Review. Vol.13, No.1, (Mar.1987), p77.
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The shortage of women in China has a positive effect on gender equality because there is a shortage of women and men therefore have to compete for romantic attention. Women can afford to be picky. “Many Chinese women place high value on a husband with money and stability. In a now famous moment from a Chinese dating show, a female contestant rejected a suitor with the iconic line, "I would rather cry in the back of a BMW than laugh on the back of a bicycle." [1] One gentleman said, If you're poor, nobody will go with you." [2] This places women in a position of power. Furthermore, simply increasing the number of female babies alive will not alter the gender dynamics because the preference for male children can be attributed to age old beliefs that men continue the family name and provide financial protection for their parents in their old age as well as to the dowry system in India. [3] The following is mentioned in the People’s Daily Online regarding the traditional and cultural reasons for the gender ratio disparity: “Demographer Wang Guangzhou at the Chinese Academy of Social Sciences said that China’s strong preference for male children, coupled with the lack of social welfare, lay at the heart of the problem. ‘Traditional values will still prevail in some rural areas, where having male heirs is important for ensuring that the family bloodline is preserved,’ Wang said. ‘Furthermore, many Chinese families rely on their children to look after the elderly since a solid social welfare system is still unavailable for much of the population.’” [4] For more argumentation as to why a discriminatory policy in favour of women will not address gender inequality see the opposition ineffectiveness argument. [1] Adshade, Marina. “The Dating Surplus for Chinese Women.” 2010. [2] Sughrue, Karen. “China: Too Many Men.” CBS News. 2009. [3] Pande, Rohini and Malhotra, Anju. “Son Preference and Daughter Neglect in India: What happens to living girls?” International Center for Research on Women. 2006. [4] “China faces growing gender imbalance.” BBC News.
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We do not disagree that abortion is a generally undesirable thing. Even those who believe that abortion is ethical feel it would be preferable not to have an unwanted pregnancy in the first place. It may be very distressing for mothers if they have not made an autonomous choice to go through with the abortion but the proposition is wrong to assume that they have not. Cultural biases towards male children are often internalised by women. It makes sense that both mothers and fathers would be concerned about who will care for them in old age – not just men. Men and women from the same socio-economic and cultural background are also likely to have similar ethical views and therefore are unlikely to disagree on their ethical standpoint on abortion. Therefore, it is not the case that women suffer because they are forced or coerced into abortions. Furthermore, this is not a problem exclusive to gender selective abortion. Whilst there is a greater prevalence of abortions of female babies, there are a lot of abortions of male babies as well. Assuming that abortion does cause women a lot of distress, this harm will not be removed by encouraging parents to have girls because they will continue to abort male foetuses. The solution for this problem is to educate people about alternative methods of contraception so that unwanted pregnancies do not occur and also to empower women in their marital relationships by encouraging them to have their own income and so on. This can be better targeted by self-help women’s groups and the like.
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Ineffectiveness of alternatives One possible alternative to our possibly is to better police prenatal sex determination. This is highly unfeasible. In 1982 the Chinese government distributed masses of small, light ultrasound devices to ensure that women who’d already had one child were either sterilized or continuing to wear their intrauterine device. Women started using these devices for prenatal sex determination and therefore “more than 8 million girls were aborted in the first 20 years of the one-child policy.” In China prenatal sex determination is illegal and, though ultrasounds are allowed in certain cases for medical reasons so long as they are on security camera, doctors who reveal the gender of the child can no longer work as doctors. The masses of distributed ultrasound devices, however, are the basis for a large and successful black market. A second possible approach is propaganda. “The government has launched a campaign to convince parents that having daughters is a good thing: propaganda street banners preach that preferring boys over girls is old thinking.” This too has been unsuccessful. Posters and the like are unlikely to change age-old traditional ways of thinking. [1] Abortions are still free and legal right up to the ninth month, even as the boy-girl imbalance grows. A third possible approach to the problem could be to ban abortions altogether. This is unlikely to be effective as, with such high demand, a black market for abortion is sure to spring up. Even if it is effective, it may drive parents to commit infanticide instead. It also seems an unfair policy. We promote women’s rights and women’s choice and it seems wrong to prevent women who have, for example, been raped from aborting a child that they had no choice in conceiving and will possible resent. Therefore, there are seemingly no satisfactory alternatives. [1] Sughrue, Karen. “China: Too Many Men.” CBS News. 2009.
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Whilst the Indian government may have policies that empower women, they do not currently have programs that encourage more female children to be born. Thus, there is a reason to fund both of these independent programmes. This is an investment in creating a socially stable society in the long-run. The benefits of educating women have been seen in other nations. As women become more educated they gain more freedoms as they are better equipped to fight for them and their achievements make it hard for men to argue that they are inferior. This is a long term effect, however, that will not reap the mentioned benefits for some years though it is very important. Extra educational subsidies cna easily be run alongside other policies simply by being well organised and communicative. Again, opposition’s argument applies only to India while there are not educational programmes of this nature in other nations mentioned. Secondly, the pension programme we are proposing directly and immediately deals with the problem by saying to parents ‘Have a female baby and we will support you through old age so you don’t have to worry that the girl won’t do it’.
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Our policy provides far more than these existing programmes (which are, we could mention, exclusive to India). By offering parents of females an annual lifelong pension we remove the fear that their female children will not support them in their old age. This will certainly encourage parents whose primary goal in reproducing is to be financially secure in old age to have girls. Giving parents preferential employment and housing benefits would certainly be an effective incentive as 42% of the Indian population lives below the bread line. [1] There are NGOs around the world concerned with women’s rights who will help to fund these initiatives and the UN has existing women’s rights projects in China. [2] This policy is necessary to ensure that women are born in the first place so that there is a larger united group working towards gender equality within these nations. Furthermore men will not be disgruntled at all because the money that government is supposedly spending on women is in fact going into the pockets of these parents. Whereas tax money might go to roads in parts of the country one might never use or to help people poorer that the taxpayer, this policy places money directly in the pocket of any taxpayer who has a female child. It is very unlikely that men will hate their daughters for bringing in money and for not requiring costly education – if government offers to pay for female education. [1] “Poverty in India.” Wikipedia. [2] “United Nations Development Programme.”
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Commodifying women. Surely providing a financial incentive for families to produce women causes women to be likened to a product that needs to be manufactured. Families will continue to have a social stigma against female children and they will be viewed simply as a financial asset. This is not only bad for women in general in the country but for babies that are only alive because they provide income. These children are unlikely to be loved and cared for as a male child might be and it is cruel to encourage them to be brought into the world to live life in such a condition. Furthermore, the commoditisation of money can only serve to worsen the problem of trafficking mentioned earlier by the proposition.
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Autonomy (Please note that this argument cannot be run in conjunction with argument four as they are contradictory) 42% of the Indian population is under the international poverty line and it is they that contribute the most to imbalanced sex ratio due to economic concerns. [1] Offering a financial incentive for people to produce female children will undermine the autonomy of parents. In order for there to be autonomy, the individual needs to be able to make a rational, unforced decision. When someone is extremely impoverished, as many people are in developing economies like those of China and India, financial incentives are an offer that cannot be refused. Proposition would have you believe that we offer the parents an autonomous choice between having a female child and receiving money or not having the child and not receiving money. Of course they will take the money! Poverty removes the possibility of choice. In this way, poor parents are being forced to have female children to ensure their own survival and the survival of their already existing family. Why is this problematic? Firstly, we believe choice is intrinsically valuable because the freedom to make choices is recognition of our fundamental humanity and individuality. If we cannot determine our own futures we are slaves. We value choice so much that we sometimes allow it when it risks causing wider social problems. For example, we allow people to smoke or eat unhealthily even though this may cost the health system a lot of money. Secondly, people have the most empirical information about themselves and are therefore able to make the best choices for themselves. For example, a family may know that they do not have the space in their home or the time to raise another child. They may know that a boy will be better able to support the family financially later on because he will be more likely to get a job and in some cases this may even override the financial benefits offered by government. These are all important considerations that only individual families are able to take into account. A government is unable to know each family’s individual situation and therefore is not well suited to make this decision in place of the family. [1] Poverty in India.” Wikipedia.
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Financial incentives do not break down cultural bias The reason why there is a bias towards male children in India is cultural. When women get married in India they become a part of their husband’s family and a dowry must be paid. As one Hindu saying goes, "Raising a daughter is like watering your neighbours’ garden." In order to change the gender ratio imbalance in India, therefore, it is important to deal with the underlying prejudices in society, not merely throw money at the problem. There are similar cultural prejudices in other countries with gender disparities. In China there is concern that female children cannot continue the family name as lineage is something male. A good case study of a place where financial incentives have not altered the social climate regarding reproduction is Germany. Germany Kindergeld policy is particularly generous, giving 184€/month for 1 child and 558€/month for 3 until the children are at least 18 (regardless of gender). This is very similar to the Proposition plan but the birth rate has declined. In German culture there is a bias towards having fewer children and instead pursuing career but this cultural bias was not overcome by financial incentives. The Germany Ministry of Statistics reported that the birthrate in 1970, 5 years before Kindergeld began, the birthrate per woman was 2.0. In 2005, despite ever increasing Kindergeld, the rate had dropped to 1.35. This trend is mirrored across all other European nations. [1] Of incredible significance is that the decline in birth rates is relatively even across all socioeconomic groups in Germany, indicating that even people with a low or no income do not have children for the sole purpose of receiving more money. In order for the gender ratio to be rebalanced we need to do more than just offer money to parents who produce girls. Governments often set blanket policies without coming to grips with the problems on the ground. It is likely that the problem is slightly different in different parts of China and that it has a far more intricate, psychological nature than proposition supposes. Cultural biases are taught to children from birth through everything language to observations of how their parents behave and these biases are internalised at a very young age. It is difficult to see how years of immersion in a culture can be overturned in adulthood by nothing more than the offer of money. There are probably more detailed reasons why male children are greater financial assets that government is not aware of. Perhaps in certain communities the prevalent industry requires strong male workers or refuses to employ females and this financial incentive will override the incentive proposed in propositions argument. In short, a blanket government policy will be unable to deal with the intricacies of the problem and a financial incentive may simply be the wrong approach. [1] “Child Benefit Germany.” Wikipedia.
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The proposition policy will interfere with current government policies Prop's plan is not only redundant with some current government programs but is also wasteful of worthwhile government funds. For example, the plan pays for the education of young girls up through the high school level. This is targeting a problem that has been addressed with significant success. Currently, the rates for primary school enrolment among young girls and young boys are 94% and 97% respectively in 2007. This is a drastic change from the year 2000 when it was 77% and 94%, a 17% disparity. [1] Additional policies in the same area are inefficient and the additional bureaucracy risks disrupting this positive trend. There are currently at least 27 ministries in the Indian government (account for almost 5% of total budget expenditure) that are allocated to providing programs for female empowerment, and of these most are taking a targeted approach that identifies actual needs within communities. [2] [2] Side Prop does not tell us how their plan will be different than any of these existing plans. At best, Prop's plan is likely to be redundant when combined with existing policy and therefore a waste of money. At worst, it will work against established, valuable programs and actively cause harm. More importantly, the fact that girls are attending schools in these numbers and yet a sex-ratio imbalance exists and has in fact worsened proves that better education for women does not solve or improve the problem of sex selective abortion. Therefore, prop’s policy of providing education grants is redundant. [1] World Bank, ‘Adjusted net enrolment rate. Primary’, data.worldbank.org, [2] Ministry of Women and Child Development, ‘Gender Budgeting in India,
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It is ridiculous to say that a decision based on a financial incentive is not an autonomous decision. We allow poor people to make the decision to take on a job or sell items that they own even though these decisions are incentivised by money. We still regard these decisions as autonomous. Furthermore we do believe that families make careful considerations when they decide whether or not to have children. This is evidenced by the fact that families make the decision to abort female but not male children. Parents obviously consider the choice to have a child and we do not think that this will change when there is a government based financial incentive. This is especially the case because the reason that parents currently DO NOT have female children is for financial reasons. As you mentioned, male children tend to be more able to financially support their parents in their old age in these countries. Surely then a financial incentive is exactly the right kind to provide for these parents since it is financial incentives that are causing them not to produce females in the first place. If the opposition is concerned with financial incentives for the poor then they should be concerned with the status quo. Furthermore, though governments may not know individual situations, they do know more about the widespread societal consequences of gender ratio imbalance and the long term predictions if these conditions continue to exist. They are also more likely to be concerned with the greater good of society whilst families make selfish decisions. Many of these families make decisions not based on rational reasoning or informed, educated plans but on cultural and social wisdom that may not produce the best decision. The bias towards men is cultural ‘wisdom’ of this nature. Lastly, we’d like to thank the opposition for showing just how effective our policy will be at encouraging families to produce girls
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Ineffectiveness The policy will be ineffective in two ways. Firstly it will not even achieve the goal of a balanced gender ratio but secondly, even if it did, it will not reduce the divide between men and women and make women a more valued part of society. 1. How does this plan offer advantages to the families of girls in excess of what is already available? The Indian parliament's most recent budget includes several programs designed to increase the resources, specifically including medical and educational resources, available to women and children. Programs exist to provide education to women [1] . Most importantly where do these financial incentives come from? India is currently committed to cut budget deficits especially since “General government debt now stands at 82% of GDP.” [1] 2. The plan proposed by Prop will simply exacerbate resentment of women by men who see taxpayer funds preferentially directed towards women. Men will take this resentment out on the women in their lives.. It’s possible that in some cases, female children will be more valued for the money they bring in from the government than for their own personhood. We understand that some extent of financial or social benefits is necessary to redress historical oppression, but whenever possible, governments should seek to end gender-inequality by utilizing gender-neutral policies rather than picking sides. Widespread economic development will reduce the need for poorer families to select the sex of their children based on who can bring in the most income and therefore the gender ratio will begin to balance out without implementing discriminatory policies that create anger. A perfect example of how discriminatory policies in the name of redress can create social divides is affirmative action in South Africa. Post-apartheid has an policy name Black Economic Empowerment (BEE) according to which companies gain benefits and status by fulfilling a certain race quota amongst their employees. South African universities accept black students with lower marks than white students in order to try to rebalance the demographics of the university. This means it is increasingly difficult for white people in South Africa to find jobs. Many white people feel resentful towards the beneficiaries of BEE and there is very aggressive debate at universities between white and black students as to whether racially based admissions policies are fair. If anything these policies have divided South Africans. [2] A discriminatory race policy in China and India will have much the same effect and therefore will not achieve its aims of addressing gender inequalities. [1] Prasad, Eswar. “Time to tackle India’s Budget Deficit.” The Wall Street Journal. 2010. [2] Mayer, Mark. “South Africans Continue to Seek Greener Pastures.” Sharenet Marketviews. 2008.
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The German example is incomparable to the countries we are discussing. It’s most likely the case that the policy in Germany did not work because the population is too wealthy to be motivated by a financial incentive. Germany is a developed country with GDP per capita 40,874 US dollar and a “luxury” state welfare system. High education, no financial worries about the life after retirement and the fact that women pursue careers all contribute to a low birth rate. India, on the other hand is a developing country with only GDP per capita 2,941 US dollar and poor state welfare system. Moreover, 42 percent of the Indian population is under the international poverty line. Hence a financial incentive is far more effective in these Asian nations. Unlike in India, Europeans tend to regard children not as investments but as an opportunity for emotional fulfilment. They are unlikely therefore to make a decision about child rearing based on financial reasons. Furthermore, the sense of community culture that exists in Asian nations (for example the practise of age-old traditions and the lack of cultural westernisation) is not present in Germany and so the example does not take into consideration the strength of culture in effecting decisions. Lastly, we would argue that you cannot compare a programme which encourages people to have children at all to a programme that encourages people to have female rather than male children. The incentives of the parents are different and the goals of the policies are different. We would argue that this policy is far better suited to India than it is to Germany and that the comparison does not hold.
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Western nations are not as powerful as they would like to think. Their “soft power” cannot propagate norms as effectively as they would like to think. The dominance of Western countries in institutions does not put them in a place of great influence, but rather puts them in a place to be accused of imperialism and exploitation. The West’s preaching to the rest of the world is not seen as constructive or admirable advice by the rest of the world, but rather is viewed as “moral arrogance” and cultural imperialism. It is highly unlikely that most places will change their laws because someone tells them that they do not agree with them, especially when those laws are rooted in a deeper moral or religious obligation. Moreover, with the hypocritical nature of this particular policy due to countries like the USA not respected homosexual rights either, it is very easy to dismiss this policy as the West simply being hypocritical and telling the developing world to “do as I say, not as I do” and thus is easy to dismiss it as unimportant.
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This policy of asylum pressures governments to reform discriminatory laws This will help change practices of sexuality-discrimination in nations across the world. One of the most effective ways to engage the international community on swift action to protect certain rights is to make a clear, bold statement against a particular type of behaviour. By acting to not just condemn a certain behaviour, but actively circumvent states’ ability to carry out such a behaviour, the international community sends a message of the unacceptability of such practices. Moreover, and more importantly, regardless of if the countries are persuaded into agreeing with the international community on the issues of LGBT rights, this action will still change state behaviour. This will happen for two reasons: Fear of sanction and condemnation. Most countries in the world are heavily interdependent and specifically dependent on the West. Falling out of popularity with Western countries and their populations is a particularly risky situation for most countries. An action such as this signals seriousness of the international community on the issue of sexual orientation equality and can be used as an influential tool to convince leaders to liberalize sexual orientation laws. Loss of internal support. One of the biggest losses a leader can have in terms of democratic support and the avoidance of violent unrest is being seen as impotent and weak. When the international community effectively sets up a system of immunity to your country’s laws and is more powerful is protecting people and helping people avoid the laws of your country than you are in implementing them, you lose face and integrity in the eyes of your constituents. This can make leaders look weak and incapable of administering justice and fulfilling the needs of society. Furthermore, it makes leaders seem weak and subservient to the rest of the world, removing perceived legitimacy. This loss of legitimacy and support is a major consideration for state leaders. As such, a declaration of an asylum policy for sexual orientation can persuade leaders into changing their anti-homosexuality laws to avoid asylum being granted to people from their country to save face and continue to look strong and decisive as a leader and avoid the damage such a policy would do to their rhetoric of strong leadership. The best example of this is that due to strong and vocal condemnation of the Bahati Bill in Uganda which would have imposed the death penalty for the crime of homosexuality, the Cabinet Committee rejected the bill [1] . Therefore, this policy is instrumental in changing state behaviour towards sexual orientation and making the first steps towards acceptance and ending discrimination. [1] Muhumuza, Rodney. "Uganda: Cabinet Committee Rejects Bahati Bill." allAfrica.com 08 May 2010.
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The LGBT community fulfills the basic principles and purposes of asylum The LGBT community fulfills the most basic principles and purposes of the concept of asylum. Asylum was created as a direct protection of Article 14 of the United Nations Declaration of Human Rights (UNDHR) 1948 [1] which states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” [2] This article was created in order to protect the third article of the declaration “Everyone has the right to life, liberty and security of person.” [3] This concept of asylum was created to develop a separate category of migration that would allow its applicants to breach normal immigration protocol and application procedures [4] on the basis that these people were in immediate danger and that without creating a specific bypass for them, they would endure great harm or death. The point of asylum as a specific and emergency measure and, indeed a moral necessity, was two-fold: 1) The immediate nature of the threat/danger to their person 2) That this threat was persecutory in nature What is important to note is that “persecution” is fundamentally different than prosecution. The difference lay in the acceptability and justice of the punishment someone may or will endure. Persecution is a term used for a punishment that is unjust or morally abhorrent. Asylum has emerged as a category of protection we grant to people who we believe that we are morally obligated to help, because if we do not, they will receive a punishment they do not deserve and will severely harmed for something they deserve no harm for. We, the proposition, believe that both of these criteria are filled by those fleeing persecution for sexual orientation and thus we are morally-obligated to grant them asylum. First, it is clear that they are facing immediate danger. Whether it is death penalties in places like Uganda [5] or vigilante justice against homosexuals such as the murder of David Kato [6] . In places like Uganda, local tabloids often publishes “Gay Lists” of individuals they believe are gay so that the community can track them down and kill them for their sexual orientation, which is how and why David Kato was murdered [7] . It is clear that whether by the state or by their neighbour, there is a clear and immediate danger to many LGBT people across the world. The second criteria of the unacceptability of this persecution is also clear. We as Western Liberal democracies have in recent years become increasingly accepting of the LGBT community with the granting of gay marriage, application of anti-discrimination laws and even allowing of gay-adoption in many countries. The sexual orientation of an individual is in no indicative of one’s worth as a human being in the eyes of the Western Liberal Democracy and can never possible be a death sentence. It is inconceivable for us to consider sexual orientation a reason to not allow a person to raise a child, never mind view it as an acceptable reason for death. [1] United Nations. Convention and Protocol Relating to the Status of Refugees. [2] United Nations. Universal Declaration of Human Rights. 1948. [3] United Nations. Universal Declaration of Human Rights. 1948. [4] United Nations. Convention and Protocol Relating to the Status of Refugees. [5] Dougherty, Jill. "U.S. State Department condemns 'odious' Ugandan anti-gay bill." CNN International. 12 May 2011. [6] "Uganda gay activist Kasha Jacqueline Nabagesera hailed." BBC News. 04 May 2011, Print. [7] "Uganda gay activist Kasha Jacqueline Nabagesera hailed." BBC News. 04 May 2011, Print.
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There has yet to be an international consensus forged around LGBT rights and state treatment of sexual orientation. Many countries around the world are not secular Western Liberal Democracies and operate on a completely different moral standard than the West does. Many religions, and in fact state religions, do not recognize homosexuality as a legitimate lifestyle and specifically see it as a sin and a crime against the religious authority they uphold. It is not the West’s role to tell the rest of the world what their morality should be. There is not even consensus amongst Western Liberal Democracies on this issue. The United States of America still does not recognize homosexuals as deserving of equal rights to heterosexuals and many states do not allow gay marriage or gay adoption as a result [1] . The west cannot circumvent the laws of other countries when they themselves do not even hold themselves to the legal and moral standard they would like to impose on others. [1] Law, Jeffrey R., and Justin H. Phillips. "Gay Rights in the States: Public Opinion and Policy Responsiveness." American Political Science Review. 103.3 (2009): Print.
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This policy of asylum helps manufacture global consensus on the protection of the LGBT community Global consensus on progressive rights for the LGBT community will be aided through this policy. One of the most powerful weapons in the international community’s arsenal is the soft power of condemnation. One of the most important things the international community can do is use its weight and influence to advocate protection of vulnerable peoples and promote moral and social causes. The West with its immense wealth and importance in international institutions such as the United Nations have a lot of power when it comes to influencing discriminatory policies in other nations. Granting asylum to people on the basis of sexual orientation sends a clear message to the international community that it is not okay to discriminate on the grounds of sexual orientation and that the West not only strongly disapproves of this behaviour, but that, more importantly, they will take active steps to counter-act your discriminatory policies. This has immense impact on pressuring governments to change their policies. What is important to note here is that there is a gradual normative consensus that is manufactured under this system. Through the use of soft power, the policies of nations are slowly but surely moderated and a global consensus is created. Not only can this policy influence current state behaviour, but that the influence and change that creates becomes part of a larger global move towards universal acceptance of the norm and the diffusion of that idea throughout all strata of society. This is important in two ways: Creating a discourse centred on a universal consensus against discrimination on the basis of sexual orientation. Therefore making discourse be dominated by agreement with this principle and thus creating a dialogue that creates an accepting atmosphere through disseminating the norm of acceptance throughout the international community and global society. This is important is forging international legal protections for the rights of the LGBT community. International law arrives from a consensus of opinion around a particular issue and its need to be legislated on. Making sexual orientation grounds for asylum creates the framework that explicitly states that legislative international protection is necessary for these groups. This policy therefore begins that process in and of itself. However, more importantly, the reduction of opposition and trend of nations removing discriminatory laws against sexual orientation consolidates this statement of legislative need and furthers the cause for international protection. Making sexual orientation a category for asylum not only saves lives, but also sends a strong and influential message that helps craft policy in nations who use discrimination as a tool of oppression against the LGBT community. This begins the foundations of global consensus on equality for all sexual orientations and a lasting solution to the issue of discrimination on the grounds of sexual orientation.
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Insofar as asylum exists, there is therefore a situation where the opposition would consider it okay to impede on sovereignty for a purpose of protection of individuals. The question is therefore about not if sovereignty can be infringed upon, but rather if this situation fits the criteria to do so. The banning of homosexuality is not a legitimate point of view to impose on society through legislation. It is discriminatory to do so as sexual orientation is not a choice, it is a natural occurrence like race, gender, ethnicity etc. An individual has no control over their sexual orientation and therefore any legislation on it is discriminatory and unjust. This means that no one should have to follow that law, and more importantly, should not face punishment for it, as punishment in this situation is simply just the application of discrimination. This is the “last resort” as the opposition would put it. When the state- the only people in the protection to use coercive force to protect individuals in society from harm and persecution. When the state refuses to protect individuals from vigilantism in society, or, in many cases, are the ones actively endangering them, external intervention is the only feasible protection.
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This policy breaks down important inter-governmental dialogue on LGBT rights This policy damages international discourse and progress in LGBT rights. This policy makes it very unlikely that governments will be willing or receptive to discussions on liberalization of their LGBT laws and policies. Discourse and compromise only happens when both sides of the debate accept the validity of the other person holding the view that they do. If the West outright rejects the views of other nations as “immoral” or “unacceptable” these nations are unlikely to want to engage with the West on these issues as they feel that their opinions will not be respected or be treated fairly or equally. You effectively remove these countries from the negotiating table when you do this. This can be illustrated by countries deemed “backwards” or “immoral” such as Iran and North Korea, who become more isolationist the more they are categorized as and rejected for being “evil” or “unacceptable.” Construction engagement does not begin with the rejection of the other viewpoint’s right to be on the negotiating table. Moreover, you create an antagonistic relationship between the West and those nations with anti-homosexual laws that hinders further discussion on the issue. By dealing with LGBT treatment in this manner, you effectively brand all acceptance of homosexuality as “Western”. This makes the concept of acceptance for the LGBT community nearly mutually-exclusive with religiously conservative nations or nations who have a historical and national narrative that dislikes the West and the concept of imperialism.
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Asylum is not the best way of dealing with discrimination against LGBT people. The vast majority of LGBT people who are discriminated or harassed on the grounds of their sexual orientation will never have a chance to claim asylum. Poor people from Africa or India may never be able to afford transport to countries that are more accepting of their lifestyle, and even if they could afford it they may not have the knowledge that they could go elsewhere. As such any policy of asylum for LGBT people who are being discriminated against is never going to be a good solution. And indeed could even be considered to itself be discriminating against those who will never have the opportunity. Instead countries who would want to consider sexual orientation grounds for asylum should be putting their energies into preventing the discrimination in the first place. As in the UN Declaration of Human Rights “All are entitled to equal protection against any discrimination”, [1] all should mean all. Pressure could be put on countries where the asylum seekers would be coming from in many ways. Diplomatic pressure could be applied and countries denied access to some international organisation. In the case of countries where aid is given the aid could be stopped unless laws are changed, for example in 2009 the UK gave Uganda £70 million in aid, [2] this money should translate into some leverage. Alternatively if the country does not receive aid it could have some form of sanctions against it or trade ties reduced. [1] United Nations Declaration of Human Rights, United Nations, 1948. [2] Annie Kelly and Liz Ford, ‘Aid to Uganda: How the UK government is supporting the country’, guardian.co.uk, 30 January 2009.
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This policy undermines the grassroots movements that are necessary for full and sustained protection of the LGBT community Lasting change to anti-homosexual attitudes will only happen from the ground-up. This hinders the ability of governments to engineer more accepting attitudes toward the LGBT community. Even if you could get countries to discuss their policies and liberalize them through this policy, this will not actually change the reality for the LGBT on the ground. Nations where anti-homosexuality laws are in place have large swathes of support for these laws as they represent and enforce the morality of the vast majority of their populace. Simply removing anti-homosexuality laws does not protect homosexuals in their home countries. Simply not being pursued by the government does not mean the government is willing or able to protect individuals from society. Moreover, it makes it nearly impossible for the government of that country to try to liberalize and engineer a more LGBT-friendly attitude in their country if they have submitted to Western pressures. Populations feel abandoned by their governments when they no longer reflect or uphold their wishes and what they view as their moral obligations. The government loses its credibility on LGBT issues if it abandons its anti-homosexual platform and thus cannot moderate or attempt to liberalize such views in the future. This simply leads to people taking “justice” against homosexuals into their own hands, making danger to homosexuals less centralized, more unpredictable and much less targeted. A perfect example of this is in Uganda where the government’s “failure” to implement a death penalty for homosexuality led to tabloid papers producing “Gay Lists” that included people suspected of homosexuality [1] . The importance of this is two-fold. First, it shows that vigilante justice will replace the state justice and thus bring no net benefit to the LGBT community. Second, and more importantly, it means that the violence against LGBT individuals is no longer done by a centralized, controlled state authority, which removes all pretence of due-process and most importantly, makes violence against homosexuality become violence against suspicion of homosexuality. Thus, making it an even more dangerous place for everyone who could associate or in any way identify with what are viewed as “common traits” of the LGBT community. [1] "Gay Rights in Developing Countries: A Well-Locked Closet." The Economist. 27 May 2010.
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This policy is an illegitimate breach of national sovereignty Asylum is a concept reserved for the direst cases of political persecution of individuals. It was created as a last resort protection mechanism for people being unlawfully or unjustly pursued by their home country when no other form of protection will work to guarantee the safety of these individuals. The reason it is such a last resort option is because it is effectively intervening within the sovereignty of a state and removing its monopoly on violence and coercive force within that state and administering a parallel system of justice. No nation has the right to infringe on the sovereignty of another nation without just cause. The moral viewpoints of a nation and its peoples are not what can be considered ‘just cause.’ It is a religious and moral viewpoint to believe that homosexuality should be prosecuted and it is the obligation of any individual living in a state to abide by the laws of the state that they live in. It is not within the rights of other countries to decide if the domestic laws of another country are in line with their views nor is it legitimate for them to violate sovereignty on this basis. If an individual wishes to break the laws of their society on moral grounds, they have knowingly and intentionally violated the law. Just as people who think any other law unjust and thus breaks it, the LGBT community is in no way less culpable for the breach of law nor is any state any more justified in allowing them to evade punishment.
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International discourse on this issue has not been working. When society is the one persecuting the LGBT community, the governments have plausible deniability in the matter and thus can skirt their responsibility in negotiations. This means that all talk and “dialogue” is meaningless as the government’s can claim a lack of responsibility or agree to protection for the LGBT community, but then not offer it because they are “unable” to. Many times discrimination against sexual orientation is a religious one, and when it is not, it is a moral one. These views are not reconcilable with alternative moral claims as they are absolutist forms of thought. They are not negotiable or a matters of opinion; they are simply right. This will never lead to consensus-building through friendly dialogue. Even if the leaders of these countries have made laws against certain forms of sexual orientation on a calculated political level, it will be because of the religious/moral views of the citizens within their country. This is important because, given the option of disagreeing with an international community that has no power over them or angering their domestic constituents that either keeps them in power through democratic support or the avoidance of violent unrest, leaders will pick the former. Thus, international consensus-building is bound to fail These people need protection now. Regardless of any international dialogue about the future, real people are in real danger now. The reason asylum was created was to protect individuals in immediate danger when no immediate solution to the persecution is in sight. This is a perfect fit for the criteria of asylum.
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Whilst it is important for people to remember the terrible troubles people have surviving in very poor countries, we must also remember that direct sponsorship is perhaps not the best way to help people out of poverty - there are a lot of downsides [7]. Would it not be better to hear of how an entire community was improved rather than just a single child or family? Ultimately you can’t force people to give to charity, and at times like these when even in wealthy countries people have trouble getting enough money it must be expected that charitable giving will drop.
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People should not need this kind of “feel good factor” in order to give to charity – it is very selfish. People all over the world need help from richer people, and instead of helping just one they have the ability to help many. By focusing in on one single example, people may also get a very narrow view of life in poorer countries – they may feel that the developing world can't look after itself and as a result won't support very important changes to things like government that could actually help the people more than their sponsorship. The “personal connection” is also sometimes made up by the charity organisations, who translate and edit letters sent between the rich and poor to make sure they do not get too emotionally attached to one another [13].