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The document provides an overview of the key concepts in ethical philosophy including definitions of ethics, the different branches and scopes of ethics including meta-ethics, normative ethics and applied ethics. It also discusses some basic ethical theories like deontology, utilitarianism, virtue theory and rights theory as well as casuistry.

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0% found this document useful (0 votes)
372 views63 pages

Pfe Notes

The document provides an overview of the key concepts in ethical philosophy including definitions of ethics, the different branches and scopes of ethics including meta-ethics, normative ethics and applied ethics. It also discusses some basic ethical theories like deontology, utilitarianism, virtue theory and rights theory as well as casuistry.

Uploaded by

Harsh Vardhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Module 1

Introduction to ethical philosophy: definition, nature, scope, branches

Ethics is mainly known as the principle of moral conduct that makes a distinction
between good and bad/ evil, right and wrong, virtue and non-virtue. The word ethics
is derived from a Greek word ‘ethos’ meaning character. It is a branch of knowledge
that governs right and wrong conducts and behaviours of an individual, profession,
group or organization. It is a core of the professional and personal lives of people.
Different scholars have defined ethics differently. However different their definitions
might be, ethics is always concerned with morality and right vs wrong and good vs
evil. It is applied universally. There is also ethics in professions such as journalism,
advertising, education, medicine, etc.

Karen L. Rich defines ethics as a systematic approach to understanding, analyzing,


and distinguishing matters of right and wrong, good and bad, and admirable and
deplorable as they relate to the well-being of and the relationships among sentient
beings.

As per paper published by Science Direct – “Ethics is the most important and
functioning branch of philosophy in today. In general, ethics is moral philosophy. The
term ethics is derived from Greek term Ethos which means custom, character. It is
related to our values and virtues. Therefore, our actions and our experiences in
everyday life are the subjects of ethics. We have the capacity to think about our
choices, so we are responsible for all our decisions and actions.”

There are 3 different scopes of ethics. They are:

1. Meta-Ethics
2. Normative Ethics
3. Applied Ethics

1. Meta-Ethics: Meta-ethics comprises the area of situational ethics and deals with


logical questions like ‘What do we mean by ‘freedom’ and ‘determinism’ etc. It
delves into the nature of ethical properties, attitudes and judgements. For example, a
media critic’s description of a TV series as ‘good drama’ does not necessarily denote
that the program is morally sound. It is the function of metaethics to define such
vague concepts in ethical terms. Some of the theories of Meta-Ethics are Naturalism,
Non-Naturalism, Emotivism and Prescriptivism.

2. Normative Ethics: Normative ethics deals with standards or norms by which we


can judge human actions to be right or wrong. It deals with the criteria of what is
morally right or wrong. For example, if someone murders a person, everyone will
agree that it is wrong. The question is: Why is it wrong to murder someone? There are
a lot of different answers we could give, but if we want to specify a principle that
stated why its wrong, the answer might be: Murder is wrong because when we kill
someone, we violate their right to live. Another perspective might be – To inflict
unnecessary suffering on the person being murdered or their family is wrong, that’s
why to kill a person is wrong. There are three elements emphasized by normative
ethics:

 The person who performs the act (the agent)


 The act
 The consequences of the act

3. Applied Ethics: Applied ethics is the problem-solving branch of moral philosophy.


It uses the insights derived from metaethics and the general principles and rules of
normative ethics in addressing specific ethical issues and cases in a professional,
disciplinary or practical field. Applied ethics is the vital link between theory and
practice, the real test of ethical decision-making. Applied ethics often requires not
only theoretical analysis but also practical and feasible solutions.

Some of the key areas of applied ethics are:

 Decision Ethics
 Professional Ethics
 Clinical Ethics
 Business Ethics
 Organizational Ethics
 Social Ethics

Applied ethics takes into consideration issues such as abortion, euthanasia, capital
punishment, drug decriminalization, gay marriage, etc.

Nature of Ethics

 Scientific Nature: Ethics is a normative science which determines norms, moral values in a


person and an individual’s character. It is a systematic explanation of what is right and what
is wrong.
 Not Art: Ethics is not art as art deals with the acquisition of skill to produce objects, while
morality deals with motive, intention, purpose and choice which are considered right or
wrong in the light of goodness. (web)
 Variable Nature: Ethics is not static. It is not always the same. Human beings change and the
morality and ethical perspective in them also changes.
 Exclusively for Human Beings: Ethics can only be applied to human beings as we are the
ones who have the capacity for moral judgement. We cannot expect ethical behaviour from
animals, as they are not as intelligent as human beings are so ethics is exclusively for human
beings.

Objectives of Ethics

Ethical objectives are based on the following factors:

 Objectivity
 Impartiality
 Accuracy
 Public Accountability
 Fairness
 Truthfulness
The objectives of ethics are to study and assess human behaviour. It is also to
establish principles and moral standards of behaviour. Ethics is not compulsory in a
person’s life and it is not forced upon anyone but being ethical is one step forward
towards being a good person.

Basic Theories (Deontology, Utilitarianism, Virtue Theory, Rights Theory,


Casuist Theory)

The word deontology derives from the Greek words for duty (deon) and
science (or study) of (logos). In contemporary moral philosophy,
deontology is one of those kinds of normative theories regarding
which choices are morally required, forbidden, or permitted. In other
words, deontology falls within the domain of moral theories that
guide and assess our choices of what we ought to do (deontic
theories), in contrast to those that guide and assess what kind of
person we are and should be (aretaic [virtue] theories). And within
the domain of moral theories that assess our choices, deontologists—
those who subscribe to deontological theories of morality—stand in
opposition to consequentialists.

Utilitarianism is a theory of morality that advocates actions that foster happiness or


pleasure and oppose actions that cause unhappiness or harm. When directed toward
making social, economic, or political decisions, a utilitarian philosophy would aim for
the betterment of society as a whole.

Utilitarianism would say that an action is right if it results in the happiness of the
greatest number of people in a society or a group.

Virtue ethics is a philosophy developed by Aristotle and other ancient Greeks. It is the
quest to understand and live a life of moral character.

This character-based approach to morality assumes that we acquire virtue through


practice. By practicing being honest, brave, just, generous, and so on, a person
develops an honorable and moral character. According to Aristotle, by honing
virtuous habits, people will likely make the right choice when faced with ethical
challenges.

To illustrate the difference among three key moral philosophies, ethicists Mark White
and Robert Arp refer to the film The Dark Knight where Batman has the opportunity
to kill the Joker. Utilitarians, White and Arp suggest, would endorse killing the Joker.
By taking this one life, Batman could save multitudes. Deontologists, on the other
hand, would reject killing the Joker simply because it’s wrong to kill. But a virtue
ethicist “would highlight the character of the person who kills the Joker. Does Batman
want to be the kind of person who takes his enemies’ lives?” No, in fact, he doesn’t.

So, virtue ethics helps us understand what it means to be a virtuous human being.
And, it gives us a guide for living life without giving us specific rules for resolving
ethical dilemmas.

Rights are safeguards that protect the interests of the rights-bearer. If someone has a
negative right, others are forbidden to treat them in a certain way. According to rights
theories, rights are an especially strong kind of protection, because they cannot be
overridden even if it would procure a greater benefit for others (unless that benefit is
granted by another right). For example, rights theories typically prescribe that we
have a right not to be killed, and this right cannot be overridden even for some greater
good, such as saving the lives of other people (see Rights theories). Rights theories
need to specify which beings have rights, what rights, and why.1

Rights can be negative or positive. The rights to life and safety from physical harm
are examples of negative rights, because infringing upon these rights involves
bringing harm to the rights-bearer. Positive rights are a binding moral claim to receive
certain treatment from others. The right to education and the right to vote are
examples.

It is sometimes claimed that only human beings should have rights. Below we will
argue that this is a speciesist position, and that all sentient beings, including
nonhuman animals used by humans and in the wild should have both negative and
positive rights too, if humans have them.

Casuistry is a method of case reasoning especially useful in treating cases that


involve moral dilemmas. It is also a branch of applied ethics. Casuistry is the basis of
case law in common law, and the standard form of reasoning applied in common law.
[1]

Examples

For example, while a principle-based approach might claim that lying is always
morally wrong, the casuist would argue that, depending upon the details of the case,
lying may or may not be illegal or unethical. For instance, the casuist might conclude
that a person is wrong to lie in legal testimony under oath, but might argue that lying
actually is the best moral choice if the lie saves a life (Thomas Sanchez and others
thus theorized a doctrine of mental reservation). For the casuist, the circumstances of
a case are essential for evaluating the proper response.


Morals, values and Ethics

What are Values?

According to the dictionary, values are “things that have an intrinsic worth in
usefulness or importance to the possessor,” or “principles, standards, or qualities
considered worthwhile or desirable.” However, it is important to note that, although
we may tend to think of a value as something good, virtually all values are morally
relative – neutral, really – until they are qualified by asking, “How is it good?” or
“Good to whom?” The “good” can sometimes be just a matter of opinion or taste, or
driven by culture, religion, habit, circumstance, or environment, etc.  Again, almost
all values are relative. The exception, of course, is the value of life. Life is a universal,
objective value. We might take this point for granted, but we all have the life value, or
we would not be alive. Life is also a dual value – we value our own life and the lives
of others.

What are Morals?

Moral values are relative values that protect life and are respectful of the dual life
value of self and others. The great moral values, such as truth, freedom, charity, etc.,
have one thing in common. When they are functioning correctly, they are life
protecting or life enhancing for all. But they are still relative values. Our relative
moral values must be constantly examined to make sure that they are always
performing their life-protecting mission. Even the Marine Corps core values of
“honor, courage and commitment” require examination in this context. Courage can
become foolish martyrdom, commitment can become irrational fanaticism, honor can
become self-righteousness, conceit, and disrespect for others. Our enemies have their
own standard of honor, they have courage, and they are surely committed. What sets
us apart? Respect for the universal life value sets us apart from our enemies.

What is Ethics?

A person who knows the difference between right and wrong and chooses right is
moral. A person whose morality is reflected in his willingness to do the right thing –
even if it is hard or dangerous – is ethical.  Ethics are moral values in action.  Being
ethical id an imperative because morality protects life and is respectful of others – all
others. It is a lifestyle that is consistent with mankind’s universal values as articulated
by the American Founding Fathers – human equality and the inalienable right to life.
As warriors it is our duty to be protectors and defenders of the life value and to
perform the unique and difficult mission of taking the lives of those acting immorally
(against life) when necessary to protect the lives of innocent others.

Moral Issues, Moral Dilemmas &Moral Autonomy


A moral dilemma is a conflict of morals, where you are forced to


choose between two or more options and you have a moral reason to
choose and not choose each option. ... An example of a moral dilemma
is having to choose between saving a dog from a fire or saving your
sister.

MORALITY AND MORAL ISSUES:

What is morality?

ü  
The word morality is concerned with:

·        What morally ought or ought not to be given in a given


situation;
·        What is morally right or wrong an out the handling of the
situation; and/or
·        What is morally good or bad about the people, policies, and
ideals involved in it?

ü  
According to the Oxford dictionary, morality means principles
concerning right and wrong or good and bad behavior.

ü  
Moral reasons are required to support an act (or an ideal) to be called
as morally right act (or an ideal is moral )

 
VARIETY OF MORAL ISSUES

Approaches to engineering ethics

There are two different approaches of engineering ethics.

1.     Micro-ethics: this approach addresses typical, everyday problems


that the engineers face in their professional life. In other words,
micr-ethics describes ethical issues that may affect an engineer‘s
professional and personal life.

2.     Macro-ethics: this approach deals with all societal problems that
engineers encounter

during their career. In other words, macro-ethics discusses ethical


issues concerning all societal problems that engineers might
encounter.

Where and how do moral problems arise in engineering? (contexts of


professional disagreements faced by engineers)

 
Engineers carry out various activities and decision-making exercises
involving technical, financial, managerial, environmental, and ethical
issues. There are many situations and moral issues that cause professional
disagreements among engineers.

The varieties of moral issues are:

1.     Organization oriented issues

ü  
Being an employee to firm, the engineer has to work towards
the achievement of the objectives of his/her organization.

ü  
Engineers have to give higher priority to the benefits of the
organization than one‘s own benefits.

ü  
Engineers should be able to work collectively with colleagues
and other members in order to achieve firm‘s goals.

2.     Clients or customers oriented issues

 
ü  
As we know, the purpose of any business is to reach and
satisfy the end users. Therefore the customers‘ requirements
should be met.

ü  
In this regard, engineers have a major role to play in
identifying the ‗customer voice‘, and incorporating the voice
of the customer into the product design and manufacture.

ü  
Apart from engineering technicality issues, engineers also
should face other moral and ethical issues with
clients/customers.

3.     Competitors oriented issues

ü  
In order to withstand in a market, engineers should produce
things better than their competitors by all means.

ü  
But engineers should not practice cut-throat competition. They
should follow certain professional behavior while facing
their competitors.

 
ü  
Thus engineers should hold paramount the safety, health and
welfare of the customers in the performance of their
professional duties.

4.     Law, government and public agencies oriented issues

ü  
The engineers should obey and voluntarily comply with all the
governmental rules and regulations related to them.

ü  
They should also respect and honestly practice all other similar
laws, policies, and regulations.

Professional societies oriented issues

ü  
The engineers should follow strictly the various codes of ethics
by various professional societies such as National Society of
Professional Engineers (NSPE), the Institute of Electrical
and Electronics Engineers (IEEE), and American Society of
Mechanical Engineers (ASME), in order to perform standard
professional behavior.

 
ü  
Professional codes of ethics reflect basic ‗norms‘ of conduct
that exist within a particular professional and provide
general guidance relating to a variety of issues.

5.     Social and environmental oriented issues

ü  
Since the works of engineers have a direct and vital impact on
the quality of life for all people, the engineers should be
dedicate to the protection of the public health, safety and
welfare.

ü  
Also engineers need to be aware their role as agents of
experimenters. They should have a united commitment in
protecting the environment. They should not involve in any
unethical environmental issues such as misusing scarce
resources, and fouling environment.

6.     Family oriented issues

ü  
As a human being and the member of a family, the engineers
do have family obligations to take care the needs of their
family members. But they should not take any decisions for
their own benefits at the cost of public, clients, or employers.
 

ü  
Thus the above discussion explains how the ethical problems
often arise in the engineering profession.
Moral autonomy, usually traced back to Kant, is the capacity to
deliberate and to give oneself the moral law, rather than merely
heeding the injunctions of others. Personal autonomy is the capacity
to decide for oneself and pursue a course of action in one's life,
often regardless of any particular moral content.

Basic Ethical Principles

The Fundamental Principles of Ethics


Beneficence, nonmaleficence, autonomy, and justice constitute the 4 principles of
ethics. The first 2 can be traced back to the time of Hippocrates “to help and do no
harm,” while the latter 2 evolved later. Thus, in Percival’s book on ethics in early
1800s, the importance of keeping the patient’s best interest as a goal is stressed, while
autonomy and justice were not discussed. However, with the passage of time, both
autonomy and justice gained acceptance as important principles of ethics. In modern
times, Beauchamp and Childress’ book on Principles of Biomedical Ethics is a classic
for its exposition of these 4 principles [5] and their application, while also discussing
alternative approaches.

Beneficence

The principle of beneficence is the obligation of physician to act for the benefit of the
patient and supports a number of moral rules to protect and defend the right of others,
prevent harm, remove conditions that will cause harm, help persons with disabilities,
and rescue persons in danger. It is worth emphasizing that, in distinction to
nonmaleficence, the language here is one of positive requirements. The principle calls
for not just avoiding harm, but also to benefit patients and to promote their welfare.
While physicians’ beneficence conforms to moral rules, and is altruistic, it is also true
that in many instances it can be considered a payback for the debt to society for
education (often subsidized by governments), ranks and privileges, and to the patients
themselves (learning and research).

Nonmaleficence

Nonmaleficence is the obligation of a physician not to harm the patient. This simply
stated principle supports several moral rules – do not kill, do not cause pain or
suffering, do not incapacitate, do not cause offense, and do not deprive others of the
goods of life. The practical application of nonmaleficence is for the physician to
weigh the benefits against burdens of all interventions and treatments, to eschew those
that are inappropriately burdensome, and to choose the best course of action for the
patient. This is particularly important and pertinent in difficult end-of-life care
decisions on withholding and withdrawing life-sustaining treatment, medically
administered nutrition and hydration, and in pain and other symptom control. A
physician’s obligation and intention to relieve the suffering (e.g., refractory pain or
dyspnea) of a patient by the use of appropriate drugs including opioids override the
foreseen but unintended harmful effects or outcome (doctrine of double effect) [7, 8].

Autonomy

The philosophical underpinning for autonomy, as interpreted by philosophers


Immanuel Kant (1724–1804) and John Stuart Mill (1806–1873), and accepted as an
ethical principle, is that all persons have intrinsic and unconditional worth, and
therefore, should have the power to make rational decisions and moral choices, and
each should be allowed to exercise his or her capacity for self-determination [9]. This
ethical principle was affirmed in a court decision by Justice Cardozo in 1914 with the
epigrammatic dictum, “Every human being of adult years and sound mind has a right
to determine what shall be done with his own body” [10].

Autonomy, as is true for all 4 principles, needs to be weighed against competing


moral principles, and in some instances may be overridden; an obvious example
would be if the autonomous action of a patient causes harm to another person(s). The
principle of autonomy does not extend to persons who lack the capacity (competence)
to act autonomously; examples include infants and children and incompetence due to
developmental, mental or physical disorder. Health-care institutions and state
governments in the US have policies and procedures to assess incompetence.
However, a rigid distinction between incapacity to make health-care decisions
(assessed by health professionals) and incompetence (determined by court of law) is
not of practical use, as a clinician’s determination of a patient’s lack of decision-
making capacity based on physical or mental disorder has the same practical
consequences as a legal determination of incompetence [11].

Detractors of the principle of autonomy question the focus on the individual and
propose a broader concept of relational autonomy (shaped by social relationships and
complex determinants such as gender, ethnicity and culture) [12]. Even in an
advanced western country such as United States, the culture being inhomogeneous,
some minority populations hold views different from that of the majority white
population in need for full disclosure, and in decisions about life support (preferring a
family-centered approach) [13].

Resistance to the principle of patient autonomy and its derivatives (informed consent,
truth-telling) in non-western cultures is not unexpected. In countries with ancient
civilizations, rooted beliefs and traditions, the practice of paternalism (this term will
be used in this article, as it is well-entrenched in ethics literature, although
parentalism is the proper term) by physicians emanates mostly from beneficence.
However, culture (a composite of the customary beliefs, social forms, and material
traits of a racial, religious or social group) is not static and autonomous, and changes
with other trends over passing years. It is presumptuous to assume that the patterns
and roles in physician-patient relationships that have been in place for a half a century
and more still hold true. Therefore, a critical examination of paternalistic medical
practice is needed for reasons that include technological and economic progress,
improved educational and socioeconomic status of the populace, globalization, and
societal movement towards emphasis on the patient as an individual, than as a
member of a group. This needed examination can be accomplished by research that
includes well-structured surveys on demographics, patient preferences on informed
consent, truth-telling, and role in decision-making.

Respecting the principle of autonomy obliges the physician to disclose medical


information and treatment options that are necessary for the patient to exercise self-
determination and supports informed consent, truth-telling, and confidentiality.

Informed Consent

The requirements of an informed consent for a medical or surgical procedure, or for


research, are that the patient or subject (i) must be competent to understand and
decide, (ii) receives a full disclosure, (iii) comprehends the disclosure, (iv) acts
voluntarily, and (v) consents to the proposed action.

The universal applicability of these requirements, rooted and developed in western


culture, has met with some resistance and a suggestion to craft a set of requirements
that accommodate the cultural mores of other countries [14]. In response and in
vigorous defense of the 5 requirements of informed consent, Angell wrote, “There
must be a core of human rights that we would wish to see honored universally, despite
variations in their superficial aspects …The forces of local custom or local law cannot
justify abuses of certain fundamental rights, and the right of self-determination on
which the doctrine of informed consent is based, is one of them” [15].

As competence is the first of the requirements for informed consent, one should know
how to detect incompetence. Standards (used singly or in combination) that are
generally accepted for determining incompetence are based on the patient’s inability
to state a preference or choice, inability to understand one’s situation and its
consequences, and inability to reason through a consequential life decision [16].

In a previously autonomous, but presently incompetent patient, his/her previously


expressed preferences (i.e., prior autonomous judgments) are to be respected [17].
Incompetent (non-autonomous) patients and previously competent (autonomous), but
presently incompetent patients would need a surrogate decision-maker. In a non-
autonomous patient, the surrogate can use either a substituted judgment standard (i.e.,
what the patient would wish in this circumstance and not what the surrogate would
wish), or a best interests standard (i.e., what would bring the highest net benefit to the
patient by weighing risks and benefits). Snyder and Sulmasy [18], in their thoughtful
article, provide a practical and useful option when the surrogate is uncertain of the
patient’s preference(s), or when patient’s preferences have not kept abreast of
scientific advances. They suggest the surrogate use “substituted interests,” that is, the
patient’s authentic values and interests, to base the decision.

Truth-Telling
Truth-telling is a vital component in a physician-patient relationship; without this
component, the physician loses the trust of the patient. An autonomous patient has not
only the right to know (disclosure) of his/her diagnosis and prognosis, but also has the
option to forgo this disclosure. However, the physician must know which of these 2
options the patient prefers.

In the United States, full disclosure to the patient, however grave the disease is, is the
norm now, but was not so in the past. Significant resistance to full disclosure was
highly prevalent in the US, but a marked shift has occurred in physicians’ attitudes on
this. In 1961, 88% of physicians surveyed indicated their preference to avoid
disclosing a diagnosis [19]; in 1979, however, 98% of surveyed physicians favored it
[20]. This marked shift is attributable to many factors that include – with no order of
importance implied – educational and socioeconomic progress, increased
accountability to society, and awareness of previous clinical and research
transgressions by the profession.

Importantly, surveys in the US show that patients with cancer and other diseases wish
to have been fully informed of their diagnoses and prognoses. Providing full
information, with tact and sensitivity, to patients who want to know should be the
standard. The sad consequences of not telling the truth regarding a cancer include
depriving the patient of an opportunity for completion of important life-tasks: giving
advice to, and taking leave of loved ones, putting financial affairs in order, including
division of assets, reconciling with estranged family members and friends, attaining
spiritual order by reflection, prayer, rituals, and religious sacraments [21, 22].

In contrast to the US, full disclosure to the patient is highly variable in other countries
[23]. A continuing pattern in non-western societies is for the physician to disclose the
information to the family and not to the patient. The likely reasons for resistance of
physicians to convey bad news are concern that it may cause anxiety and loss of hope,
some uncertainty on the outcome, or belief that the patient would not be able to
understand the information or may not want to know. However, this does not have to
be a binary choice, as careful understanding of the principle of autonomy reveals that
autonomous choice is a right of a patient, and the patient, in exercising this right, may
authorize a family member or members to make decisions for him/her.

Confidentiality

Physicians are obligated not to disclose confidential information given by a patient to


another party without the patient’s authorization. An obvious exception (with implied
patient authorization) is the sharing necessary of medical information for the care of
the patient from the primary physician to consultants and other health-care teams. In
the present-day modern hospitals with multiple points of tests and consultants, and the
use of electronic medical records, there has been an erosion of confidentiality.
However, individual physicians must exercise discipline in not discussing patient
specifics with their family members or in social gatherings [24] and social media.
There are some noteworthy exceptions to patient confidentiality. These include,
among others, legally required reporting of gunshot wounds and sexually transmitted
diseases and exceptional situations that may cause major harm to another (e.g.,
epidemics of infectious diseases, partner notification in HIV disease, relative
notification of certain genetic risks, etc.).
Justice

Justice is generally interpreted as fair, equitable, and appropriate treatment of persons.


Of the several categories of justice, the one that is most pertinent to clinical ethics is
distributive justice. Distributive justice refers to the fair, equitable, and appropriate
distribution of health-care resources determined by justified norms that structure the
terms of social cooperation [25]. How can this be accomplished? There are different
valid principles of distributive justice. These are distribution to each person (i) an
equal share, (ii) according to need, (iii) according to effort, (iv) according to
contribution, (v) according to merit, and (vi) according to free-market exchanges.
Each principle is not exclusive, and can be, and are often combined in application. It
is easy to see the difficulty in choosing, balancing, and refining these principles to
form a coherent and workable solution to distribute medical resources.

Although this weighty health-care policy discussion exceeds the scope of this review,
a few examples on issues of distributive justice encountered in hospital and office
practice need to be mentioned. These include allotment of scarce resources
(equipment, tests, medications, organ transplants), care of uninsured patients, and
allotment of time for outpatient visits (equal time for every patient? based on need or
complexity? based on social and or economic status?). Difficult as it may be, and
despite the many constraining forces, physicians must accept the requirement of
fairness contained in this principle [26]. Fairness to the patient assumes a role of
primary importance when there are conflicts of interests. A flagrant example of
violation of this principle would be when a particular option of treatment is chosen
over others, or an expensive drug is chosen over an equally effective but less
expensive one because it benefits the physician, financially, or otherwise.

Conflicts between Principles


Each one of the 4 principles of ethics is to be taken as a prima facie obligation that
must be fulfilled, unless it conflicts, in a specific instance, with another principle.
When faced with such a conflict, the physician has to determine the actual obligation
to the patient by examining the respective weights of the competing prima facie
obligations based on both content and context. Consider an example of a conflict that
has an easy resolution: a patient in shock treated with urgent fluid-resuscitation and
the placement of an indwelling intravenous catheter caused pain and swelling. Here
the principle of beneficence overrides that of nonmaleficence. Many of the conflicts
that physicians face, however, are much more complex and difficult. Consider a
competent patient’s refusal of a potentially life-saving intervention (e.g., instituting
mechanical ventilation) or request for a potentially life-ending action (e.g.,
withdrawing mechanical ventilation). Nowhere in the arena of ethical decision-
making is conflict as pronounced as when the principles of beneficence and autonomy
collide.

Beneficence has enjoyed a historical role in the traditional practice of medicine.


However, giving it primacy over patient autonomy is paternalism that makes a
physician-patient relationship analogous to that of a father/mother to a child. A
father/mother may refuse a child’s wishes, may influence a child by a variety of ways
– nondisclosure, manipulation, deception, coercion etc., consistent with his/her
thinking of what is best for the child. Paternalism can be further divided into soft and
hard.

In soft paternalism, the physician acts on grounds of beneficence (and, at times,


nonmaleficence) when the patient is nonautonomous or substantially nonautonomous
(e.g., cognitive dysfunction due to severe illness, depression, or drug addiction) [27].
Soft paternalism is complicated because of the difficulty in determining whether the
patient was nonautonomous at the time of decision-making but is ethically defensible
as long as the action is in concordance with what the physician believes to be the
patient’s values. Hard paternalism is action by a physician, intended to benefit a
patient, but contrary to the voluntary decision of an autonomous patient who is fully
informed and competent, and is ethically indefensible.

On the other end of the scale of hard paternalism is consumerism, a rare and extreme
form of patient autonomy, that holds the view that the physician’s role is limited to
providing all the medical information and the available choices for interventions and
treatments while the fully informed patient selects from the available choices. In this
model, the physician’s role is constrained, and does not permit the full use of his/her
knowledge and skills to benefit the patient, and is tantamount to a form of patient
abandonment and therefore is ethically indefensible.

Faced with the contrasting paradigms of beneficence and respect for autonomy and
the need to reconcile these to find a common ground, Pellegrino and Thomasma [28]
argue that beneficence can be inclusive of patient autonomy as “the best interests of
the patients are intimately linked with their preferences” from which “are derived our
primary duties to them.”

One of the basic and not infrequent reasons for disagreement between physician and
patient on treatment issues is their divergent views on goals of treatment. As goals
change in the course of disease (e.g., a chronic neurologic condition worsens to the
point of needing ventilator support, or a cancer that has become refractory to
treatment), it is imperative that the physician communicates with the patient in clear
and straightforward language, without the use of medical jargon, and with the aim of
defining the goal(s) of treatment under the changed circumstance. In doing so, the
physician should be cognizant of patient factors that compromise decisional capacity,
such as anxiety, fear, pain, lack of trust, and different beliefs and values that impair
effective communication

Contemporary philosophy: action, ethics, and responsibility

Contemporary philosophy is the present period in the history of


Western philosophy beginning at the early 20th century with the
increasing professionalization of the discipline and the rise of
analytic and continental philosophy. Contemporary philosophy focuses
on epistemology, metaphysics, logic, ethics, aesthetics, the
philosophy of mind, the philosophy of language, political philosophy,
the history of debates in these areas, and philosophical examination
of the assumptions, methods and claims of other areas of focus in
science and social science.
Philosophy of action is chiefly concerned with human action,
intending to distinguish between activity and passivity, voluntary,
intentional, culpable and involuntary actions, and related questions.
The theory of action is pertinent to legal and ethical questions
concerning freedom, intention, belief, responsibility, and others. It
is related to the mind-body problem, the concept of causality, and
the issue of determinism. Though these issues have been discussed in
nearly every era of philosophy, the action as a topic in its own
right began to receive special attention in the 1960s, and is
becoming one of the major sub-disciplines in contemporary philosophy.
Given the vastness of the body of relevant literature (both
historical and contemporary), this article primarily aims to set out
the fundamental issues and the most influential positions from the
current standpoint.

Ethics is, in general terms, the study of right and wrong. It can look descriptively at
moral behaviour and judgements; it can give practical advice (normative ethics), or it
can analyse and theorise about the nature of morality and ethics.[1]

Contemporary study of ethics has many links with other disciplines in philosophy
itself and other sciences.[2] Normative ethics has declined, while meta-ethics is
increasingly followed. Abstract theorizing has in many areas been replaced by
experience-based research.[3]

moral responsibility is the status of morally deserving praise, blame, reward, or


punishment for an act or omission in accordance with one's moral obligations.[1][2]
Deciding what (if anything) counts as "morally obligatory" is a principal concern of
ethics.

Philosophers refer to people who have moral responsibility for an action as moral
agents. Agents have the capability to reflect upon their situation, to form intentions
about how they will act, and then to carry out that action. The notion of free will has
become an important issue in the debate on whether individuals are ever morally
responsible for their actions and, if so, in what sense. Incompatibilists regard
determinism as at odds with free will, whereas compatibilists think the two can
coexist.

Moral responsibility does not necessarily equate to legal responsibility. A person is


legally responsible for an event when a legal system is liable to penalise that person
for that event. Although it may often be the case that when a person is morally
responsible for an act, they are also legally responsible for it, the two states do not
always coincide.

Linking philosophy and ethics & its implications

1. Ethical ideals are founded in the moral order of the universe. Being a normative
science, ethics details ethical ideals. These ethical ideals are founded in the moral
order of the universe. Thus their study takes ethics into the field of philosophy.

2. Ethical ideals are based upon the nature of objects. Ethical judgments are
categorical imperatives. They are themselves based upon the nature of objects for
which ethics has to go to philosophy.

3. Philosophy expounds ethical assumptions. The three self-evident postulates of


ethics arc God, freedom of will and the immortality of the soul. The description of
their nature and the analysis of their validity is the subject of philosophy.

4. Philosophy details the relation of man to the world. Ethics treats man as a self-
conscious being, not a natural fact. Thus, for the discussion of the relation between
man and God, world and society, ethics has to turn to philosophy.

5. Philosophy systematizes both facts and values. Ethics being a science of values is
related to philosophy because the latter systematizes both facts and values.

6. Many philosophical problems come under ethics. Ethics has to explain many
philosophical problems.

Module 2 -

Professional Ethical Codes

What Is a Code of Ethics?


A code of ethics is a guide of principles designed to help professionals conduct
business honestly and with integrity. A code of ethics document may outline the
mission and values of the business or organization, how professionals are supposed to
approach problems, the ethical principles based on the organization's core values, and
the standards to which the professional is held.

A code of ethics, also referred to as an "ethical code," may encompass areas such as
business ethics, a code of professional practice, and an employee code of conduct.
Key Takeaways
 A code of ethics sets out an organization's ethical guidelines and best practices to follow for
honesty, integrity, and professionalism.
 For members of an organization, violating the code of ethics can result in sanctions including
termination.
 In some industries, including banking and finance, specific laws govern business conduct. In
others, a code of ethics may be voluntarily adopted.
 The main types of codes of ethics include a compliance-based code of ethics, a value-based
code of ethics, and a code of ethics among professionals.
 A focus on climate change has become an integral part of companies' codes of ethics,
detailing their commitment to sustainability.

Understanding Codes of Ethics


Business ethics refers to how ethical principles guide a business's operations.
Common issues that fall under the umbrella of business ethics include employer-
employee relations, discrimination, environmental issues, bribery, insider trading, and
social responsibility.

While many laws exist to set basic ethical standards within the business community, it
is largely dependent upon a business's leadership to develop a code of ethics.

Both businesses and trade organizations typically have some sort of code of ethics
that their employees or members are supposed to follow. Breaking the code of ethics
can result in termination or dismissal from the organization. A code of ethics is
important because it clearly lays out the rules for behavior and provides the
groundwork for a preemptive warning.

While a code of ethics is often not required, many firms and organizations choose to
adopt one, which helps to identify and characterize a business to stakeholders.

Given the importance of climate change and how human behavior has led to severely
impacting the climate, many companies have taken to include climate factors in their
code of ethics. These principles include manners in which the company is dedicated to
operating sustainably or how they will shift to doing so.

In many cases, this commitment to sustainability adds to the costs of a company, but
because consumers are becoming more focused on the types of businesses they
choose to engage with, it is often worth the cost to maintain a good public image.

Regardless of size, businesses count on their management staff to set a standard of


ethical conduct for other employees to follow. When administrators adhere to the
code of ethics, it sends a message that universal compliance is expected of every
employee.

Types of Codes of Ethics


A code of ethics can take a variety of forms, but the general goal is to ensure that a
business and its employees are following state and federal laws, conducting
themselves with an ideal that can be exemplary, and ensuring that the business being
conducted is beneficial for all stakeholders. The following are three types of codes of
ethics found in business.

Compliance-Based Code of Ethics

For all businesses, laws regulate issues such as hiring and safety standards.
Compliance-based codes of ethics not only set guidelines for conduct but also
determine penalties for violations.

In some industries, including banking, specific laws govern business conduct. These
industries formulate compliance-based codes of ethics to enforce laws and
regulations. Employees usually undergo formal training to learn the rules of conduct.
Because noncompliance can create legal issues for the company as a whole,
individual workers within a firm may face penalties for failing to follow guidelines.

To ensure that the aims and principles of the code of ethics are followed, some
companies appoint a compliance officer. This individual is tasked with keeping up to
date on changes in regulation codes and monitoring employee conduct to encourage
conformity.

This type of code of ethics is based on clear-cut rules and well-defined consequences
rather than individual monitoring of personal behavior. Despite strict adherence to the
law, some compliance-based codes of conduct do not thus promote a climate of moral
responsibility within the company.

Value-Based Code of Ethics

A value-based code of ethics addresses a company's core value system. It may outline
standards of responsible conduct as they relate to the larger public good and the
environment. Value-based ethical codes may require a greater degree of self-
regulation than compliance-based codes.

Some codes of conduct contain language that addresses both compliance and values.
For example, a grocery store chain might create a code of conduct that espouses the
company's commitment to health and safety regulations above financial gain. That
grocery chain might also include a statement about refusing to contract with suppliers
that feed hormones to livestock or raise animals in inhumane living conditions.

Code of Ethics Among Professionals

Financial advisers registered with the Securities and Exchange Commission (SEC) or
a state regulator are bound by a code of ethics known as a fiduciary duty. This is a
legal requirement and also a code of loyalty that requires them to act in the best
interest of their clients.

Certified public accountants, who are not typically considered fiduciaries to their
clients, still are expected to follow similar ethical standards, such as integrity,
objectivity, truthfulness, and avoidance of conflicts of interest, according to the
American Institute of Certified Public Accountants (AICPA).

Work Place Rights & Responsibilities (Whistle blowing, )

What is whistleblowing?
Whistleblowing is where an employee makes a protected disclosure to their employer
or the relevant regulator regarding specific concerns that they have discovered
through their work.

To qualify as a genuine protected disclosure, the employee has to believe there is


wrongful conduct by the employer, colleagues, clients or third parties which usually
have danger or illegality that affects others - such as the public - and disclose the
information in good faith. Examples include failure to comply with legal
obligations/criminal offences, risks to health and safety, environmental damage and
miscarriages of justice.

The disclosures must be in the public interest to be protected and normally made to
the employer or an appropriate body.

What should Practices be doing?


The following are some steps to consider in Practice:

1. Introduce and communicate a whistleblowing policy

Introducing and ensuring employees are aware of a whistleblowing policy/procedure 


will ensure employees know that the Practice takes concerns of this nature very
seriously and helps reduce the risk of concerns being mishandled. The CQC
introduced a requirement for Practices to have a whistleblowing procedure and ensure
that employees are aware of it.

The first step of a whistleblowing procedure is normally to have an internal stage


where employees can raise it to a member of management to investigate. If they are
unsatisfied or do not feel able to approach the employer, they can then approach a
prescribed body.

2. Provide a forum for employees to discuss issues internally

Consider an internal risk identification process (risk assessment) and tackle different
topics in open forums (e.g. weekly team meetings) to try and rectify minor issues
before they become a problem to report.

The benefits would include promoting an open culture as opposed to a culture of fear
and blame and having the finger on the pulse in terms of any potential issues within
the Practice.
3. Ensure management support the process

Members of management need to be trained to ensure any matters brought their


attention are resolved in line with procedures and legal requirements. Managers also
need to understand the importance of dealing with complaints and ensuring
confidentiality and no repercussions to the complainant.

4. Ensure a thorough and immediate investigation takes place

A quick and comprehensive investigation will ensure employees feel their concerns
are taken seriously and reduce the likelihood of legal action.

5. Treat all cases in confidence

Whistleblower’s identities must be protected and all concerns raised must be dealt
with in confidence (similarl to grievances).

6. Ensure employees are not penalised

Members of staff should not be penalised in any way for making a disclosure,
including from colleagues.

Employers must not treat whistleblowers detrimentally in order to avoid legal action,
and also have a duty to manage any colleagues who do so (much like bullying and
harassment policies).

For specific queries regarding employment issues


contact [email protected] where you question will be treated in
confidence and will normally be answered (by email) within 2 working days of
submission.

Alternatively, members can visit the FPM policies and procedures library for more
information on whistleblowing in the workplace.

Corporate social responsibility (CSR) is a self-regulating business model that helps a


company be socially accountable—to itself, its stakeholders, and the public. By
practicing corporate social responsibility, also called corporate citizenship, companies
can be conscious of the kind of impact they are having on all aspects of society,
including economic, social, and environmental.

To engage in CSR means that, in the ordinary course of business, a company is


operating in ways that enhance society and the environment, instead of contributing
negatively to them.

Understanding Corporate Social Responsibility


(CSR)
Corporate social responsibility is a broad concept that can take many forms depending
on the company and industry. Through CSR programs, philanthropy, and volunteer
efforts, businesses can benefit society while boosting their brands.

As important as CSR is for the community, it is equally valuable for a company. CSR
activities can help forge a stronger bond between employees and corporations, boost
morale, and help both employees and employers feel more connected with the world
around them.

For a company to be socially responsible, it first needs to be accountable to itself and


its shareholders. Often, companies that adopt CSR programs have grown their
business to the point where they can give back to society. Thus, CSR is typically a
strategy that's implemented by large corporations. After all, the more visible and
successful a corporation is, the more responsibility it has to set standards of ethical
behavior for its peers, competition, and industry.

Conflicts of Interest

What Is a Conflict of Interest?


A conflict of interest occurs when an entity or individual becomes unreliable because
of a clash between personal (or self-serving) interests and professional duties or
responsibilities. Such a conflict occurs when a company or person has a vested
interest—such as money, status, knowledge, relationships, or reputation—which puts
into question whether their actions, judgment, and/or decision-making can be
unbiased. When such a situation arises, the party is usually asked to remove
themselves, and it is often legally required of them.

Understanding Conflict of Interest


A conflict of interest in business normally refers to a situation in which an individual's
personal interests conflict with the professional interests owed to their employer or the
company in which they are invested. A conflict of interest arises when a person
chooses personal gain over the duties to an organization in which they are a
stakeholder or exploits their position for personal gain in some way.

All corporate board members have fiduciary duties and a duty of loyalty to the
corporations they oversee. If one of the directors chooses to take action that benefits
them at the detriment of the firm, they are harming the company with a conflict of
interest.

One example might be the board member of a property insurance company who votes
on the induction of lower premiums for companies with fleet vehicles—when they, in
fact, own a truck company. Even if the institution of lower premiums isn't a bad
business move for the insurer, it could still be considered a conflict of interest because
the board member has a special interest in the outcome.

In legal circles, representation by a lawyer or party with a vested interest in the


outcome of the trial would be considered a conflict of interest, and the representation
would not be allowed. Additionally, judges who have a relationship with one of the
parties involved in a case or lawsuit will recuse themselves from presiding over the
case.

Managing Boundaries and Multiple Relationships (Socializing with Current or


Former Clients, Making Referrals)

Managing Boundaries
Boundaries may be avoided, crossed, or violated. To avoid a boundary means that it
is not traversed at all. For example, with regard to the boundary of touch, consider a
psychotherapist treating a client who is a survivor of sexual assault or trauma. It may
be inappropriate and unbeneficial for the psychotherapist to use touch with the client,
and in fact may be harmful. Another example would be a male psychotherapist
providing psychotherapy to a female Orthodox Jew for whom any touch by a man
who is not her husband would be considered taboo.

Smith and Fitzpatrick (1995) defined boundary crossing as “a nonpejorative term that
describes departures from commonly accepted clinical practice that may or may not
benefit the client” (p. 500). Thus, traversing a boundary in a manner that is not
harmful or exploitative to the client and that may in fact, be supportive of a strong
therapeutic alliance and that may promote achieving treatment goals is considered a
boundary crossing. Possible examples of boundary crossings include shaking a
client’s extended hand upon first meeting or extending the time of a treatment session
for a client who is in crisis.

Multiple Relationships
To engage in a multiple relationship is to enter into a secondary relationship in
addition to the primary psychotherapy relationship. Multiple relationships may be
social, business or financial, or sexual in nature. The APA Ethics Code (APA, 2010)
makes it very clear that all multiple relationships need not be avoided; only those that
hold a significant potential for exploitation of, or harm to, the client, and those that are
likely to lead to impaired objectivity and judgment for the psychotherapist, must be
avoided. Of course, knowing this in advance may prove challenging. Thus, the use of
a decision-making process and consultation with colleagues is recommended when
the outcome and effects of an anticipated multiple relationship is unclear.

In addition to considering the questions listed above prior to entering into a multiple
relationship with a client or other individuals associated with the client, there are
ethical decision-making models that may prove helpful for making these decisions.
Younggren and Gottlieb (2004) suggest that the psychotherapist consider the
following questions when contemplating entering into a multiple relationship with a
client:

 Is entering into a relationship in addition to the professional relationship necessary, or


should I avoid it?
 Can the [multiple] relationship potentially cause harm to the patient?
 If harm seems unlikely or unavoidable, would the additional relationship prove beneficial?
 Is there a risk that the [multiple] relationship could disrupt the therapeutic relationship?
 Can I evaluate this matter objectively? (pp. 256-257)

In many settings the complete avoidance of multiple relationships may prove


impossible. These may include being a member of a community who both lives and
works in that community such as in a rural setting; a small or isolated community; a
religious, ethnic, or LGBT community; and others. Often, it is because the
psychotherapist has been active in the community and known to its members in a
variety of roles, that the community members feel comfortable in seeking professional
services from the psychotherapist. In addition, in these settings, options for making
referrals to other clinicians may be quite limited, further impacting decisions about
providing psychotherapy to individuals with whom the psychotherapist has pre-
existing relationships (Hargrove, 1986).

Organizational Loyalty

Employees’ loyalty towards organization refers to their adoption of the values,


attitudes and beliefs of the organization and their willingness to exert additional effort
to achieve the goals and objectives of the organization. It is multidimensional in
nature and involves the employees’ commitment, attitude and behaviour for the
organization. Employees’ loyalty makes them to show their concern for the
organization and its continued success and wellbeing.

Organizational commitment of the loyal employees is the degree to which the


employees identify with the organization and its goals, and wish to continue with the
organization. There are three types of commitments identified. These are (i)
normative commitment, (ii) affective commitment, and (iii) continuing commitment.
Normative commitment is define as organizational commitments. Affective
commitments are define by emotional attachments, identification, and involvement to
achieve the goal of organization. Continuing commitment is the willingness to remain
in an organization because of different investments.

Employees’ loyalty makes the employees committed to their work. They hold a strong
sense of duty towards their work, and place intrinsic value on work. These employees
are motivated towards work and have a strong job involvement. Work becomes part
of their life.
Employee attitudes towards the organization then give rise to the behavioral
component of loyalty. An employee who has developed affection to the organization
is more likely to demonstrate loyal behaviours and work towards the overall goals of
the organization, such as improved productivity, greater efficiency, and a high-quality
service orientation to customers.

Both the attitudinal and behavioral components of employee’s loyalty can be


measured by aggregating four indicators into a single metric that can be monitored
over time using the Satmetrix Systems’ Employee Loyalty Index (ELI). These
indicators include (i) overall satisfaction with the management (ii) deserves my
loyalty, (iii) likelihood to continue working at organization and (iv) likelihood to
provide referrals for the organization (Fig 1). The first two indicators measure the
attitudinal component of the employee’s loyalty and others measure the behavioral
component of the employee’s loyalty. Using the ELI, not only can levels of overall
employee’s loyalty be measured and tracked over time as leading performance
indicators, driver analyses can also be conducted to determine which specific
attributes of the working environment most impact employee’s loyalty. Empirical
evidence has shown that the organizations which maintain high employee’s loyalty
scores also enjoy high levels of customer loyalty and organizational profitability.

Module 3

Basics of Intellectual Property Rights

What is the Definition of Intellectual


Property Rights?
The definition of intellectual property rights is any and all rights associated with
intangible assets owned by a person or company and protected against use without
consent. Intangible assets refer to non-physical property, including right of ownership
in intellectual property . Examples of intellectual property rights include:

 Patents
 Domain names
 Industrial design
 Confidential information
 Inventions
 Moral rights
 Database rights
 Works of authorship
 Service marks
 Logos
 Trademarks
 Design rights
 Business or trade names
 Commercial secrets
 Computer software
What Are the Types of Intellectual Property?
There are four main types of intellectual property rights, including patents,
trademarks, copyrights, and trade secrets. Owners of intellectual property frequently
use more than one of these types of intellectual property law to protect the same
intangible assets. For instance, trademark law protects a product’s name, whereas
copyright law covers its tagline.

1. Patents

The U.S. Patent and Trademark Office grants property rights to original inventions,
from processes to machines. Patent law protects inventions from use by others and
gives exclusive rights to one or more inventors. Technology companies commonly
use patents, as seen in the patent for the first computer to protect their investment in
creating new and innovative products. The three types of patents consist of:

 Design patents: Protection for the aesthetics of a device or invention. Ornamental design
patents include a product’s shape (Coca-Cola bottle), emojis, fonts, or any other distinct
visual traits.
 Plant patents: Safeguards for new varieties of plants. An example of a plant patent is pest-
free versions of fruit trees. But inventors may also want a design patient if the tree has
unique visual properties.
 Utility patents: Protection for a product that serves a practical purpose and is useful. IP
examples include vehicle safety systems, software, and pharmaceuticals. This was the first,
and is still the largest, area of patent law.

2. Trademarks

Trademarks protect logos, sounds, words, colors, or symbols used by a company to


distinguish its service or product. Trademark examples include the Twitter logo,
McDonald’s golden arches, and the font used by Dunkin.

Although patents protect one product, trademarks may cover a group of products. The
Lanham Act, also called the Trademark Act of 1946, governs trademarks,
infringement, and service marks.

3. Copyrights

Copyright law protects the rights of the original creator of original works of
intellectual property. Unlike patents, copyrights must be tangible. For instance, you
can’t copyright an idea. But you can write down an original speech, poem, or song
and get a copyright.

Once someone creates an original work of authorship (OWA), the author


automatically owns the copyright. But, registering with the U.S. Copyright Office
gives owners a head-start in the legal system.

4. Trade Secrets
Trade secrets are a company’s intellectual property that isn’t public, has economic
value, and carries information. They may be a formula, recipe, or process used to gain
a competitive advantage.

To qualify as a trade secret, companies must work to protect proprietary information


actively. Once the information is public knowledge, then it’s no longer protected
under trade secrets laws. According to 18 USC § 1839(3), assets may be tangible or
intangible, and a trade secret can involve information that’s:

 Business
 Financial
 Technical
 Economic
 Scientific
 Engineering

Two well-known examples include the recipe for Coca-Cola and Google’s search
algorithm. Although a patent is public, trade secrets remain unavailable to anyone but
the owner.

Confidentiality, Unintentional breaches of Confidentiality

A breach of confidentiality occurs when data or information


provided in confidence to you by a client is disclosed to a
third party without your client's consent.

While most confidentiality breaches are unintentional, clients can still suffer financial
losses as a result. In order to recoup their money, they may take legal action against
your firm. Professional indemnity insurance is designed to cover against such
instances.

Example of claims scenarios include:


 An IT professional having a laptop stolen that contains sensitive data about their client
 A management or business consultant accidentally emailing a confidential attachment
containing a client's future business intentions to a competitor (this is particularly relevant if
you have several clients who operate in the same industry)
 A recruitment consultant sending a CV to an employer without getting permission from the
applicant first
 A fitness professional (such as a personal trainer or dance teacher) emailing a personalised
training plan to someone other than the person it is intended for

Breaches of confidentiality claims cost UK organisations millions of pounds each


year. However, it is not only large companies who have to be aware of breaches of
confidentiality. Increasingly, smaller businesses and freelancers are at risk. It is
important to remember that maintaining confidentiality is not only a contractual
requirement, but also a moral one, and it can destroy business relationships very
quickly.

Tips for keeping confidential data safe

Whatever the size of your business, it is important to have the appropriate policies and
procedures in place to help protect both parties' data. Providing confidentiality for
your business begins with the creation of a confidentiality policy (if you have
employees, make sure they read and sign it). These can differ from business to
business but, once in place, there are a range of steps you can take to minimise the
chances of a breach of confidentiality:

 Managing folder permissions to prevent unauthorised employee access


 Limiting access to 'shared' email inboxes
 Encrypting confidential information held on removable media
 Checking with clients whether they are happy for you to share potentially sensitive
information

The outcome of breaching confidentiality can vary; sometimes an apology can be


enough for a client, however if they have suffered a loss, legal action may follow. The
costs just to defend the claim can be expensive, before factoring in settlements or
court costs, which is why professional indemnity insurance is generally seen as vital
cover for professionals working with confidential information.

Principles of Natural Justice

Natural justice is an expression of English common law, and involves


a procedural requirement of fairness. The principles of natural
justice have great significance in the study of Administrative law.
It is also known has substantial justice or fundamental justice or
Universal justice or fair play in action. The principles of natural
justice are not embodied rules and are not codified. They are judge
made rules and are regarded has counterpart of the American
procedural due process.

Definition:
There is no precise and scientific definition of natural justice.
However, the principles of natural justice are being acceptable and
enforced. Different judges, lawyers and Scholars define it in various
ways. In Vionet v. Barrett [1],

Lord Esher M.R has defined it as the natural sense of what is right
and wrong. Later, he had chosen to define natural justice as
fundamental justice in a subsequent case (Hopkins v. Smethwick Local
Board Of health) [2]. Lord Parker has defined it as duty act fairly.
Mr. Justice Bhagwati has taken it as fair play in action. Article 14
and 21 of the Indian Constitution has strengthened the concept of
natural justice.

Basis of the application of the principle of


natural justice:
The principles of natural justice, originated from common law in
England are based on two Latin maxims, (which were drawn from jus
natural).

In simple words, English law recognizes two principles of natural


justice as stated below-

1. Nemo Judex in causa sua or Nemo debet esse judex in propria causa or Rule against bias (No
man shall be a judge in his own cause).
2. Audi Alteram partem or the rule of fair hearing (hear the other side).

Rule against bias or bias of interest- the term bias means anything
which tends to or may be regarded as tending to cause such a person
to decide a case otherwise than on evidence must be held to be
biased. In simple words, bias means deciding a case otherwise than on
the principles of evidence.

This principle is based on the following rules


1. No one should be a judge in his own cause.
2. Justice should not only be done, but manifestly and undoubtedly be seen to be done.

The above rules make it clear that judiciary must be free from bias
and should deliver pure and impartial justice. Judges must act
judicially and decide the case without considering anything other
than the principles of evidence.

Working with minors

DO:

 Maintain the highest standards of personal behavior at all times when interacting with
minors.
 Whenever possible, try to have another adult present when you are working with minors in
an unsupervised setting.  Conduct necessary one-on-one interactions with minors in a public
environment where you can be observed.
 Listen to and interact with minors and provide appropriate praise and positive
reinforcement.
 Treat all minors in a group consistently and fairly, and with respect and dignity.
 Be friendly with minors within the context of the formal program or activity while
maintaining appropriate boundaries.
 Maintain professional discipline and discourage inappropriate behavior by minors, consulting
with your supervisors if you need help with misbehaving youth.
 Be aware of how your actions and intentions might be perceived and could be
misinterpreted.
 Consult with other adult supervisors or colleagues when you feel uncertain about a situation.

DON'T:

 Don’t spend time alone with one minor away from the group or conduct private interactions
with minors in enclosed spaces or behind closed doors.
 Don’t engage in inappropriate touching or have any physical contact with a minor in private
locations.
 Don’t use inappropriate language, tell risqué jokes, or make sexually suggestive comments
around minors, even if minors themselves are doing so.
 Don’t give personal gifts to, or do special favors for, a minor or do things that may be seen as
favoring one minor over others.
 Don’t share information with minors about your private life or have informal or purely social
contact with minor program participants outside of program activities.
 Don’t strike or hit a minor, or use corporal punishment or other punishment involving
physical pain or discomfort.
 Don’t relate to minors as if they were peers, conduct private correspondence, or take on the
role of "confidant" (outside of a professional counseling relationship).
 Don’t date or become romantically or sexually involved with a minor.
 Don’t engage in intimate displays of affection with others in the presence of minors.
 Don't show pornography to minors or involve minors in pornographic activities.
 Don’t privately email, text, or engage with minors through social media. Group messages and
posts are acceptable and must be viewable by all participants.
 Don’t provide alcohol or drugs to minors, or use them in the presence of minors.
 Don't permit hazing, harassment, or any type of bullying behavior, including cyber-bullying.

Redressal Mechanism- Organizational Complaint Procedure

Grievance redressal policy is the procedure provided by employer to


employee so that they can vent out the issue or complication they face and to
get a proper solution to this. Employees can lodge the complaint as per the
procedure and solution is provided to this by senior authority as per policy so
that a healthy working environment is followed out.

In the present scenario of competition, employees are the assets of the


Organization. For efficient working and smooth functioning of an
organization  it is important to see to the problems of the employees and also
create a healthy environment with good working culture. Organization
believes not only to recruit more and more staffs but also to retain them for
longer duration towards the success of the organization. We have come up
with lots of initiatives that are oriented to provide a better complaint redressal
mechanism whenever any sort of grievances arises against the organization
or against any staff.

a. Policy
A complaint lodged verbally by an employee will be treated as grievances.
However, grievance will be regarded as formed when the dissatisfaction is
given in writing. Such disputes which are of a reasonable magnitude arising
out of ill feeling by an employee or group of employees may be regarded as
grievance. The feeling of injustice may be related to wages, mode of its
payment, leave, transfer, positions, promotion, and treatment by
superiors, interpretation of code of conduct or even the food supplied in the
canteen.

The idea of framing the policy in Organization is to solve the problem and the
complaints of the staff. In this policy each and every staff has the right
to express his/her grievance and there is a procedure to be followed. The
policy has been formulated taking the following in to consideration:

Employees are treated fairly at all times.

Complaints raised by employees are dealt with courtesy and on time.

All complaints are dealt fairly and efficiently.

b. Complaint Procedure
Employees who have a job-related issue, question, or complaint, he / she
should follow the following steps:

First Step

When an employee faces any grievance, he/she has to report it to his/her


immediate superior. Such immediate superior officer is expected to give reply
or find the solution to the grievance within the time stipulated according to the
gravity of the grievance made.

If the matter is not settled or if the settlement made by him/her is not


acceptable to the concerned employee, then the employee can
directly  contact the DC (Disciplinary Committee) either through verbal
communication or by submitting a written application in person or via mail.

The committee investigates on this matter and based on the findings it


prepares a report to present before the chairperson of the committee who
takes decision with the help of the submitted report.
If there is any ambiguity in the case a detailed investigation and proceeding
for expert opinion would be considered.

Second step (If he/she is not satisfied with the decision of


DC)

In second stage, the employee concerned will be permitted to present his/ her
grievance with the help of co-workers to the Director who in turn listens to the
grievance and tries to give a solution and constitutes a committee according
to the merit of the case or issue put before him.

Legal aspects of professional ethics

It means a code of rules which regulates the behaviour and conduct of a practicing
lawyer towards himself, his client, his opposite party, his counsel and of course
towards the court. Ethics means principles of behaviour which are applied to an
ordinary citizen in the society shall be the standards of morals for a lawyer too.

Professional ethics consist of those fundamental values on which the profession has
been built. Legal ethics is one of the professional ethics which lays down certain
duties for the observance of its members, which he owes to the society, to the court, to
the profession, to his client and to himself.

The practicing lawyer shall have the social responsibility and dignity of the legal
profession and high standard of integrity and efficient service to his client as well as
for public welfare.

Professional ethics demands not to disclose any secrets of his client or indulge in any
unfair practice.

Module 4

Globalization of MNCs, International Trade, World Summits

Interconnectedness

Globalization has resulted in greater interconnectedness among markets around the


world and increased communication and awareness of business opportunities in the
far corners of the globe. More investors can access new investment opportunities and
study new markets at a greater distance than before. Potential risks and profit
opportunities are within easier reach thanks to improved communications technology.

Products and services previously available within one country are made available to
new markets outside the country due to globalization. In addition, countries with
positive relations between them are able to increasingly unify their economies through
increased investment and trade.

Maintaining Competitiveness

Globalization has had the effect of increased competition. Companies are broadening
their target area, expanding from local areas and home countries to the rest of the
world. Suddenly, some companies are fighting strong competition from outside their
home country. This forced them to source materials and outsource labor from other
countries. This story of ‘sourcing and outsourcing’ turned many companies into
global ones, actively seeking for production locations and partners for new ventures.
Globalization has facilitated this and made the transition to global markets easier.

Technology and Efficiency

More advanced systems are needed to facilitate global trade. Globalization pushed us
to create better systems to track international trade. ERP systems are one of the
solutions provided to support global trade.

Enterprise resource planning (ERP) is a process by which a company (often a


manufacturer) manages and integrates the important parts of its business. An ERP
management information system integrates areas such as planning, purchasing,
inventory, sales, marketing, finance and human resources.

This technological innovation in global trade has enabled a more efficient


environment. Technology empowers efficiency in global trade and reduces cost and
time. In addition, production processes became more efficient due to globalization as
companies want to maintain their competitive advantage.

However, we still find a gap between globalization and blockchain. Blockchain could
help companies become even more ‘global’. It helps companies to save time and
money, storing data tamper-proof and improving communication.

Companies could use smart contracts in which they can define their business rules.
These smart contracts can be used when trading with other companies, creating an
environment of trust. ModulTrade provides such a platform where companies can
trade safely using smart contracts acting as an escrow, including all business criteria.

Business Ethics and Corporate Governance


Corporate governance is the system of rules, practices, and processes by which a firm
is directed and controlled. Corporate governance essentially involves balancing the
interests of a company's many stakeholders, such as shareholders, senior management
executives, customers, suppliers, financiers, the government, and the community.

Since corporate governance also provides the framework for attaining a company's
objectives, it encompasses practically every sphere of management, from action plans
and internal controls to performance measurement and corporate disclosure.

Understanding Corporate Governance


Governance refers specifically to the set of rules, controls, policies, and resolutions
put in place to dictate corporate behavior. Proxy advisors and shareholders are
important stakeholders who indirectly affect governance, but these are not examples
of governance itself. The board of directors is pivotal in governance, and it can have
major ramifications for equity valuation.

A company’s corporate governance is important to investors since it shows a


company's direction and business integrity. Good corporate governance helps
companies build trust with investors and the community. As a result, corporate
governance helps promote financial viability by creating a long-term investment
opportunity for market participants.

Communicating a firm's corporate governance is a key component of community


and investor relations. On Apple Inc.'s investor relations site, for example, the firm
outlines its corporate leadership—its executive team, its board of directors—and its
corporate governance, including its committee charters and governance documents,
such as bylaws, stock ownership guidelines, and articles of incorporation.1

Most companies strive to have a high level of corporate governance. For many
shareholders, it is not enough for a company to merely be profitable; it also needs to
demonstrate good corporate citizenship through environmental awareness, ethical
behavior, and sound corporate governance practices. Good corporate governance
creates a transparent set of rules and controls in which shareholders, directors, and
officers have aligned incentives.

Corporate Governance and the Board of


Directors
The board of directors is the primary direct stakeholder influencing corporate
governance. Directors are elected by shareholders or appointed by other board
members, and they represent shareholders of the company.

The board is tasked with making important decisions, such as corporate officer
appointments, executive compensation, and dividend policy. In some instances, board
obligations stretch beyond financial optimization, as when shareholder resolutions call
for certain social or environmental concerns to be prioritized.
A board of directors should consist of a diverse group of individuals, those that have
skills and knowledge of the business, as well as those who can bring a fresh
perspective from outside of the company and industry.

Boards are often made up of inside and independent members. Insiders are major
shareholders, founders, and executives. Independent directors do not share the ties of
the insiders, but they are chosen because of their experience managing or directing
other large companies. Independents are considered helpful for governance because
they dilute the concentration of power and help align shareholder interests with those
of the insiders.

The board of directors must ensure that the company's corporate governance policies
incorporate the corporate strategy, risk management, accountability, transparency, and
ethical business practices.

Environmental Ethics

Environmental ethics is a branch of applied philosophy that studies the conceptual


foundations of environmental values as well as more concrete issues surrounding
societal attitudes, actions, and policies to protect and sustain biodiversity and
ecological systems. As we will see, there are many different environmental ethics one
could hold, running the gamut from human-centered (or "anthropocentric") views to
more nature-centered (or "non-anthropocentric") perspectives. Non-anthropocentrists
argue for the promotion of nature's intrinsic, rather than instrumental or use value to
humans. For some ethicists and scientists, this attitude of respecting species and
ecosystems for their own sakes is a consequence of embracing an ecological
worldview; it flows out of an understanding of the structure and function of ecological
and evolutionary systems and processes. We will consider how newer scientific fields
devoted to environmental protection such as conservation biology and sustainability
science are thus often described as "normative" sciences that carry a commitment to
the protection of species and ecosystems; again, either because of their intrinsic value
or for their contribution to human wellbeing over the long run.

The relationship between environmental ethics and the environmental sciences,


however, is a complex and often contested one. For example, debates over whether
ecologists and conservation biologists should also be advocates for environmental
protection — a role that goes beyond the traditional profile of the "objective" scientist
— have received much attention in these fields. Likewise, we will see that issues such
as the place of animal welfare concerns in wildlife management, the valuation and
control of non-native species, and the adoption of a more interventionist approach to
conservation and ecological protection (including proposals to relocate wild species
and to geoengineer earth systems to avoid the worst effects of global climate change)
frequently divide environmental scientists and conservationists. This split often has as
much to do with different ethical convictions and values regarding our responsibility
to species and ecosystems as it does with scientific disagreements over the
interpretation of data or the predicted outcomes of societal actions and policies.

The essays in this series illustrate the diversity of environmental ethics, both as a field
of study and as a broader, value-based perspective on a complex web of issues at the
junction of science and society. To gain a fuller understanding of the concepts and
arguments of environmental ethics, begin with this introductory overview. From here
you can explore a range of topics and questions that highlight the intersection of
environmental ethics, ecology, and conservation science.

Sustainable Development Goals

Goal 1: No poverty

Main article: Sustainable Development Goal 1

SDG 1 is to: "End poverty in all its forms everywhere".[15] Achieving SDG 1 would
end extreme poverty globally by 2030.

This section is an excerpt from Sustainable Development Goal 1.[edit]

The goal has seven targets and 13 indicators to measure progress. The five "outcome
targets" are: eradication of extreme poverty; reduction of all poverty by half;
implementation of social protection systems; ensuring equal rights to ownership, basic
services, technology and economic resources; and the building of resilience to
environmental, economic and social disasters. The two targets related to "means of
achieving" SDG 1 are mobilization of resources to end poverty; and the establishment
of poverty eradication policy frameworks at all levels.[16][17]

Despite the ongoing progress, 10 percent of the world's population


live in poverty and struggle to meet basic needs such as health,
education, and access to water and sanitation.[18] Extreme poverty
remains prevalent in low-income countries particularly those affected
by conflict and political upheaval.[citation needed] In 2015, more
than half of the world's 736 million people living in extreme poverty
lived in Sub-Saharan Africa. Without a significant shift in social
policy, extreme poverty will dramatically increase by 2030.[19] The
rural poverty rate stands at 17.2 percent and 5.3 percent in urban
areas (in 2016).[20] Nearly half are children.[20]

A study published in September 2020 found that poverty increased by 7 per cent in
just a few months due to the COVID-19 pandemic, even though it had been steadily
decreasing for the last 20 years.[21]: 9 

Goal 2: Zero hunger (No hunger)

Main article: Sustainable Development Goal 2


Sufficient and healthy foods should be made available to everyone

SDG 2 is to: "End hunger, achieve food security and improved nutrition, and promote
sustainable agriculture".[22]

This section is an excerpt from Sustainable Development Goal 2.[edit]


SDG 2 has eight targets and 14 indicators to measure progress.[23]
The five "outcome targets" are: ending hunger and improving access to
food; ending all forms of malnutrition; agricultural productivity;
sustainable food production systems and resilient agricultural
practices; and genetic diversity of seeds, cultivated plants and
farmed and domesticated animals; investments, research and
technology. The three "means of achieving" targets include:
addressing trade restrictions and distortions in world agricultural
markets and food commodity markets and their derivatives.[23]

Globally, 1 in 9 people are undernourished, the vast majority of whom live in


developing countries. Under nutrition causes wasting or severe wasting of 52 million
children worldwide.[24] It contributes to nearly half (45%) of deaths in children under
five – 3.1 million children per year.[25]

Goal 3: Good health and well-being

Main article: Sustainable Development Goal 3


Mothers with healthy children in rural India

SDG 3 is to: "Ensure healthy lives and promote well-being for all at all ages".[26]

This section is an excerpt from Sustainable Development Goal 3.[edit]


SDG 3 has 13 targets and 28 indicators to measure progress toward
targets. The first nine targets are "outcome targets". Those are:
reduction of maternal mortality; ending all preventable deaths under
five years of age; fight communicable diseases; ensure reduction of
mortality from non-communicable diseases and promote mental health;
prevent and treat substance abuse; reduce road injuries and deaths;
grant universal access to sexual and reproductive care, family
planning and education; achieve universal health coverage; and reduce
illnesses and deaths from hazardous chemicals and pollution. The four
"means to achieving" SDG 3 targets are: implement the WHO Framework
Convention on Tobacco Control; support research, development and
universal access to affordable vaccines and medicines; increase
health financing and support health workforce in developing
countries; and improve early warning systems for global health risks.
[27]

Significant strides have been made in increasing life expectancy and reducing some of
the common causes of child and maternal mortality. Between 2000 and 2016, the
worldwide under-five mortality rate decreased by 47 percent (from 78 deaths per
1,000 live births to 41 deaths per 1,000 live births).[24] Still, the number of children
dying under age five is very high: 5.6 million in 2016.[24]
School children in Kakuma refugee camp, Kenya

Goal 4: Quality education

Main article: Sustainable Development Goal 4

SDG 4 is to: "Ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all".[28]

This section is an excerpt from Sustainable Development Goal 4.[edit]


SDG 4 has ten targets which are measured by 11 indicators. The seven
"outcome-oriented targets" are: free primary and secondary education;
equal access to quality pre-primary education; affordable technical,
vocational and higher education; increased number of people with
relevant skills for financial success; elimination of all
discrimination in education; universal literacy and numeracy; and
education for sustainable development and global citizenship. The
three "means of achieving targets" are: build and upgrade inclusive
and safe schools; expand higher education scholarships for developing
countries; and increase the supply of qualified teachers in
developing countries.

Major progress has been made in access to education, specifically at the primary
school level, for both boys and girls. The number of out-of-school children has almost
halved from 112 million in 1997 to 60 million in 2014.[29] In terms of the progress
made, global participation in tertiary education reached 224 million in 2018,
equivalent to a gross enrollment ratio of 38%.[30]

Goal 5: Gender equality

Main article: Sustainable Development Goal 5

SDG 5 is to: "Achieve gender equality and empower all women and girls".[31]

This section is an excerpt from Sustainable Development Goal 5.[edit]


Through the pledge to "Leave No One Behind", countries have committed
to fast-track progress for those furthest behind, first.[32]: 54  SDG
5 aims to grant women and girls equal rights, opportunities to live
free without discrimination including workplace discrimination or any
violence. This is to achieve gender equality and empower all women
and girls.
In 2020, representation by women in single or lower houses of national parliament
reached 25 per cent, up slightly from 22 per cent in 2015.[6] Women now have better
access to decision-making positions at the local level, holding 36 per cent of elected
seats in local deliberative bodies, based on data from 133 countries and areas. Whilst
female genital mutilation and cutting (FGM/C) is becoming less common, at least 200
million girls and women have been subjected to this harmful practice.[33][6]

Goal 6: Clean water and sanitation

Main article: Sustainable Development Goal 6

Example of sanitation for all: School toilet (IPH school and college,
Mohakhali, Dhaka, Bangladesh)

SDG 6 is to: "Ensure availability and sustainable management of water and sanitation
for all".[34] The eight targets are measured by 11 indicators.

This section is an excerpt from Sustainable Development Goal 6.[edit]


The six "outcome-oriented targets" include: Safe and affordable
drinking water; end open defecation and provide access to sanitation
and hygiene, improve water quality, wastewater treatment and safe
reuse, increase water-use efficiency and ensure freshwater supplies,
implement IWRM, protect and restore water-related ecosystems. The two
"means of achieving" targets are to expand water and sanitation
support to developing countries, and to support local engagement in
water and sanitation management.[35]

The Joint Monitoring Programme (JMP) of World Health Organisation WHO And
United Nations International Children's Emergency fund UNICEF reported in 2017
that 4.5 billion people currently do not have safely managed sanitation.[36] Also in
2017, only 71 per cent of the global population used safely managed drinking water,
and 2.2 billion persons were still without safely managed drinking water. With
regards to water stress: "In 2017, Central and Southern Asia and Northern Africa
registered very high water stress – defined as the ratio of fresh water withdrawn to
total renewable freshwater resources – of more than 70 per cent".[6] Official
development assistance (ODA) disbursements to the water sector increased to $9
billion in 2018.[6]

Goal 7: Affordable and clean energy

Main article: Sustainable Development Goal 7


SDG 7 is to: "Ensure access to affordable, reliable, sustainable and modern energy for
all".[37]

This section is an excerpt from Sustainable Development Goal 7.[edit]


The goal has five targets to be achieved by 2030.[38] Progress
towards the targets is measured by six indicators.[38] Three out of
the five targets are "outcome targets": Universal access to modern
energy; increase global percentage of renewable energy; double the
improvement in energy efficiency. The remaining two targets are
"means of achieving targets": to promote access to research,
technology and investments in clean energy; and expand and upgrade
energy services for developing countries. In other words, these
targets include access to affordable and reliable energy while
increasing the share of renewable energy in the global energy mix.
This would involve improving energy efficiency and enhancing
international cooperation to facilitate more open access to clean
energy technology and more investment in clean energy infrastructure.
Plans call for particular attention to infrastructure support for the
least developed countries, small islands and land-locked developing
countries.[39]

Progress in expanding access to electricity has been made in several countries,


notably India, Bangladesh, and Kenya.[40] The global population without access to
electricity decreased to about 840 million in 2017 from 1.2 billion in 2010 (sub-
Saharan Africa remains the region with the largest access deficit).[40] Renewable
energy accounted for 17.5% of global total energy consumption in 2016.[40] Of the
three end uses of renewables (electricity, heat, and transport) the use of renewables
grew fastest with respect to electricity. Between 2018 and 2030, the annual average
investment will need to reach approximately $55 billion to expand energy access,
about $700 billion to increase renewable energy and $600 billion to improve energy
efficiency.[40]

Solar panels on house roof

Goal 8: Decent work and economic growth

Main article: Sustainable Development Goal 8

SDG 8 is to: "Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all".[41]

This section is an excerpt from Sustainable Development Goal 8.[edit]


SDG 8 has twelve targets in total to be achieved by 2030. Some
targets are for 2030; others are for 2020. The first ten are "outcome
targets". These are: sustainable economic growth; diversify, innovate
and upgrade for economic productivity; promote policies to support
job creation and growing enterprises; improve resource efficiency in
consumption and production; full employment and decent work with
equal pay; promote youth employment, education and training; end
modern slavery, trafficking, and child labour; protect labour rights
and promote safe working environments; promote beneficial and
sustainable tourism; universal access to banking, insurance and
financial services. In addition, there are also two targets for
"means of achieving", which are: Increase aid for trade support;
develop a global youth employment strategy.

Over the past five years, economic growth in least developed countries has been
increasing at an average rate of 4.3 per cent.[42] In 2018, the global growth rate of
real GDP per capita was 2 per cent. In addition, the rate for least developed countries
was 4.5 per cent in 2018 and 4.8 per cent in 2019, less than the 7 per cent growth rate
targeted in SDG 8.[43] In 2019, 22 per cent of the world's young people were not in
employment, education or training, a figure that has hardly changed since 2005.[42]
Addressing youth employment means finding solutions with and for young people
who are seeking a decent and productive job. Such solutions should address both
supply, i.e. education, skills development and training, and demand.[44] In 2018, the
number of women engaged in the labor force was put at 48 per cent while that of men
was 75 per cent.[41]

Goal 9: Industry, Innovation and Infrastructure

Main article: Sustainable Development Goal 9

SDG 9 is to: "Build resilient infrastructure, promote inclusive and sustainable


industrialization, and foster innovation".[45]

This section is an excerpt from Sustainable Development Goal 9.[edit]


SDG 9 has eight targets, and progress is measured by twelve
indicators. The first five targets are "outcome targets": Develop
sustainable, resilient and inclusive infrastructures; promote
inclusive and sustainable industrialization; increase access to
financial services and markets; upgrade all industries and
infrastructures for sustainability; enhance research and upgrade
industrial technologies. The remaining three targets are "means of
achieving" targets: Facilitate sustainable infrastructure development
for developing countries; support domestic technology development and
industrial diversification; universal access to information and
communications technology.

In 2019, 14% of the world's workers were employed in manufacturing activities. This
percentage has not changed much since 2000. The share of manufacturing
employment was the largest in Eastern and South-Eastern Asia (18 percent) and the
smallest in sub-Saharan Africa (6 percent).[6] The intensity of global carbon dioxide
emissions has declined by nearly one quarter since 2000, showing a general
decoupling of carbon dioxide emissions from GDP growth.[6] As at 2020, nearly the
entire world population lives in an area covered by a mobile network.[6] Millions of
people are still unable to access the internet due to cost, coverage, and other reasons.
[46] It is estimated that just 53% of the world's population are currently internet users.
[47]

Goal 10: Reduced inequality

Main article: Sustainable Development Goal 10

SDG 10 is to: "Reduce income inequality within and among countries".[48]

This section is an excerpt from Sustainable Development Goal 10.


[edit]
The Goal has ten targets to be achieved by 2030. Progress towards
targets will be measured by indicators. The first seven targets are
"outcome targets": Reduce income inequalities; promote universal
social, economic and political inclusion; ensure equal opportunities
and end discrimination; adopt fiscal and social policies that
promotes equality; improved regulation of global financial markets
and institutions; enhanced representation for developing countries in
financial institutions; responsible and well-managed migration
policies. The other three targets are "means of achievement" targets:
Special and differential treatment for developing countries;
encourage development assistance and investment in least developed
countries; reduce transaction costs for migrant remittances.[49]

In 73 countries during the period 2012–2017, the bottom 40 per cent of the population
saw its incomes grow. Still, in all countries with data, the bottom 40 per cent of the
population received less than 25 per cent of the overall income or consumption.[6]: 12 
Women are more likely to be victims of discrimination than men. Among those with
disabilities, 3 in 10 personally experienced discrimination, with higher levels still
among women with disabilities. The main grounds of discrimination mentioned by
these women was not the disability itself, but religion, ethnicity and sex, pointing to
the urgent need for measures to tackle multiple and intersecting forms of
discrimination.[50] In 2019, 54 per cent of countries have a comprehensive set of
policy measures to facilitate orderly, safe, regular and responsible migration and
mobility of people.[50]

Goal 11: Sustainable cities and communities

Main article: Sustainable Development Goal 11

SDG 11 is to: "Make cities and human settlements inclusive, safe, resilient, and
sustainable".[51]

This section is an excerpt from Sustainable Development Goal 11.


[edit]
Sustainable Development Goal 11 is divided into 10 targets and 14 indicators at the
global level. The seven “outcome targets” are [52]:

 11.1 – "Adequate, safe, and affordable housing and basic services and upgrade slums"
 11.2 – "Safe, affordable, accessible, and sustainable transport systems"
 11.3 – "Enhance inclusive and sustainable urbanization and capacity for participatory,
integrated and sustainable human settlement planning and management in all countries"
 11.4 – "Strengthen efforts to protect and safeguard the world’s cultural and natural heritage"
 11.5 – "Reduce the number of deaths and the number of people affected by disasters and
decrease the direct economic losses relative to global gross domestic product caused by
disasters"
 11.6 – "Reduce the adverse per capita environmental impact of cities, including by paying
special attention to air quality and municipal and other waste management"
 11.7 – "Provide universal access to safe, inclusive and accessible, green and public spaces"

 11.a – "Support positive economic, social and environmental links between urban, peri-urban
and rural areas by strengthening national and regional development planning"
 11.b – "Increase the number of cities and human settlements adopting and implementing
integrated policies and plans towards inclusion, resource efficiency, mitigation and
adaptation to climate change, resilience to disasters, and develop and implement, in line
with the Sendai Framework for Disaster Risk Reduction 2015–2030, holistic disaster risk
managements at all levels"
 11.c – "Support least developed countries, including through financial and technical
assistance, in building sustainable and resilient buildings utilizing local materials"

The number of slum dwellers reached more than 1 billion in 2018, or 24 per cent of
the urban population.[6] The number of people living in urban slums is highest in
Eastern and South-Eastern Asia, sub-Saharan Africa and Central and Southern Asia.
In 2019, only half of the world's urban population had convenient access to public
transport, defined as living within 500 metres' walking distance from a low-capacity
transport system (such as a bus stop) and within 1 km of a high-capacity transport
system (such as a railway).[6] In the period 1990–2015, most urban areas recorded a
general increase in the extent of built-up area per person..[6]

Goal 12: Responsible consumption and production

Main article: Sustainable Development Goal 12

SDG 12 is to: "Ensure sustainable consumption and production patterns".[53]

This section is an excerpt from Sustainable Development Goal 12.


[edit]

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Sustainable Development Goal 12 has 11 targets. The first 8 are
"outcome targets", which are: implement the 10-Year Framework of
Programs on Sustainable Consumption and Production Patterns; achieve
the sustainable management and efficient use of natural resources;
reducing by half the per capita global food waste at the retail and
consumer levels and the reduction of food losses along production and
supply chains, including post-harvest losses;[54] achieving the
environmentally sound management of chemicals and all wastes
throughout their life cycle; reducing waste generation through
prevention, reduction, recycling and reuse; encourage companies to
adopt sustainable practices; promote public procurement practices
that are sustainable; and ensure that people everywhere have the
relevant information and awareness for sustainable development. The
three "means of achievement" targets are: support developing
countries to strengthen their scientific and technological capacity;
develop and implement tools to monitor sustainable development
impacts; and remove market distortions, like fossil fuel subsidies,
that encourage wasteful consumption.[55]

By 2019, 79 countries and the European Union have reported on at least one national
policy instrument to promote sustainable consumption and production patterns.[6]: 14 
This was done to work towards the implementation of the "10-Year Framework
of Programmes on Sustainable Consumption and Production Patterns".[6]: 14  Global
fossil fuel subsidies in 2018 were $400 billion.[6]: 14  This was double the estimated
subsidies for renewables and is detrimental to the task of reducing global carbon
dioxide emissions.[6]: 14 

To ensure that plastic products are more sustainable, thus reducing plastic waste,
changes such as decreasing usage and increasing the circularity of the plastic
economy are expected to be required. An increase in domestic recycling and a
reduced reliance on the global plastic waste trade are other actions that might help
meet the goal.[56]

Goal 13: Climate action

Main article: Sustainable Development Goal 13

SDG 13 is to: "Take urgent action to combat climate change and its impacts by
regulating emissions and promoting developments in renewable energy".[57]

This section is an excerpt from Sustainable Development Goal 13.


[edit]

There are 5 targets in total, all of which cover a wide range of issues surrounding
climate action. The first three targets are "output targets": Strengthen resilience and
adaptive capacity to climate-related disasters; integrate climate change measures into
policies and planning; build knowledge and capacity to meet climate change. The
remaining two targets are "means of achieving" targets: To implement the UN
Framework Convention on Climate Change; and to promote mechanisms to raise
capacity for planning and management.[58] The United Nations Framework
Convention on Climate Change (UNFCCC) is the primary international,
intergovernmental forum for negotiating the global response to climate change.

The decade between 2010 - 2019 was the warmest decade recorded in
history. Currently climate change is affecting the global community
in every nation across the world. The impact of climate change not
only impacts national economies, but also lives and livelihoods,
especially those in vulnerable conditions.[59] By 2018, climate
change continued exacerbating the frequency of natural disasters,
such as massive wildfires, droughts, hurricanes and floods.[60] Over
the period 2000–2018, the greenhouse emissions of developed
countries in transitions have declined by 6.5%. However, the
emissions of the developing countries are up by 43% in the period
between 2000 and 2013.[61] In 2019, at least 120 of 153 developing
countries had undertaken activities to formulate and implement
national adaptation plans.

Goal 14: Life below water

Main article: Sustainable Development Goal 14

SDG 14 is to: "Conserve and sustainably use the oceans, seas and marine resources
for sustainable development".[62]

This section is an excerpt from Sustainable Development Goal 14.


[edit]

The first seven targets are "outcome targets": Reduce marine pollution; protect and
restore ecosystems; reduce ocean acidification; sustainable fishing; conserve coastal
and marine areas; end subsidies contributing to overfishing; increase the economic
benefits from sustainable use of marine resources. The last three targets are "means of
achieving" targets: To increase scientific knowledge, research and technology for
ocean health; support small scale fishers; implement and enforce international sea
law.[63]

Oceans and fisheries support the global population's economic, social


and environmental needs.[64] Oceans are the source of life of the
planet and the global climate system regulator. They are the world's
largest ecosystem, home to nearly a million known species.[64] Oceans
cover more than two-thirds of the earth's surface and contain 97% of
the planet's water.[65] They are essential for making the planet
livable. Rainwater, drinking water and climate are all regulated by
ocean temperatures and currents. Over 3 billion people depend on
marine life for their livelihood. However, there has been a 26
percent increase in acidification since the industrial revolution.
Effective strategies to mitigate adverse effects of increased ocean
acidification are needed to advance the sustainable use of oceans.
The current efforts to protect oceans, marine environments and small-scale fishers are
not meeting the need to protect the resources.[6] One of the key drivers of global
overfishing is illegal fishing. It threatens marine ecosystems, puts food security and
regional stability at risk, and is linked to major human rights violations and even
organized crime.[66] Increased ocean temperatures and oxygen loss act concurrently
with ocean acidification and constitute the "deadly trio" of climate change pressures
on the marine environment.[67]

Nusa Lembongan Reef

One indicator (14.1.1b) under Goal 14 specifically relates to reducing impacts from
marine plastic pollution.[56]

Goal 15: Life on land

Main article: Sustainable Development Goal 15

SDG 15 is to: "Protect, restore and promote sustainable use of terrestrial ecosystems,
sustainably manage forests, combat desertification, and halt and reverse land
degradation and halt biodiversity loss".[68]

This section is an excerpt from Sustainable Development Goal 15.


[edit]

The nine "outcome targets" include: Conserve and restore terrestrial and freshwater
ecosystems; end deforestation and restore degraded forests; end desertification and
restore degraded land; ensure conservation of mountain ecosystems, protect
biodiversity and natural habitats; protect access to genetic resources and fair sharing
of the benefits; eliminate poaching and trafficking of protected species; prevent
invasive alien species on land and in water ecosystems; and integrate ecosystem and
biodiversity in governmental planning. The three "means of achieving targets"
include: Increase financial resources to conserve and sustainably use ecosystem and
biodiversity; finance and incentivize sustainable forest management; combat global
poaching and trafficking.

Humans depend on earth and the ocean to live. This goal aims at
securing sustainable livelihoods that will be enjoyed for generations
to come. The human diet is composed 80% of plant life, which makes
agriculture a very important economic resource.[69] Plant life
provides 80 percent of the human diet, and we rely on agriculture as
an important economic resources. Forests cover 30 percent of the
Earth's surface, provide vital habitats for millions of species, and
important sources for clean air and water, as well as being crucial
for combating climate change.

The proportion of forest area fell, from 31.9 per cent of total land area in 2000 to 31.2
per cent in 2020, representing a net loss of nearly 100 million ha of the world's
forests.[6] This was due to decreasing forest area decreased in Latin America, sub-
Saharan Africa and South-Eastern Asia, driven by deforestation for agriculture.[70]
Desertification affects as much as one-sixth of the world's population, 70% of all
drylands, and one-quarter of the total land area of the world. It also leads to spreading
poverty and the degradation of billion hectares of cropland.[71] A report in 2020
stated that globally, the species extinction risk has worsened by about 10 per cent over
the past three decades.[6]

Goal 16: Peace, justice and strong institutions

Main article: Sustainable Development Goal 16

SDG 16 is to: "Promote peaceful and inclusive societies for sustainable development,
provide access to justice for all and build effective, accountable and inclusive
institutions at all levels".[72]

This section is an excerpt from Sustainable Development Goal 16.


[edit]

The goal has ten "outcome targets": Reduce violence; protect children from abuse,
exploitation, trafficking and violence; promote the rule of law and ensure equal access
to justice; combat organized crime and illicit financial and arms flows, substantially
reduce corruption and bribery; develop effective, accountable and transparent
institutions; ensure responsive, inclusive and representative decision-making;
strengthen the participation in global governance; provide universal legal identity;
ensure public access to information and protect fundamental freedoms. There are also
two "means of achieving targets": Strengthen national institutions to prevent violence
and combat crime and terrorism; promote and enforce non-discriminatory laws and
policies.[73]

Reducing violent crime, sex trafficking, forced labor, and child


abuse are clear global goals. The International Community values
peace and justice and calls for stronger judicial systems that will
enforce laws and work toward a more peaceful and just society.[74]

With more than a quarter of children under 5 unregistered worldwide as of 2015,


about 1 in 5 countries will need to accelerate progress to achieve universal birth
registration by 2030.[75] Data from 38 countries over the past decade suggest that
high-income countries have the lowest prevalence of bribery (an average of 3.7 per
cent), while lower-income countries have high levels of bribery when accessing
public services (22.3 per cent).[6]

Goal 17: Partnership for the goals


Main article: Sustainable Development Goal 17

SDG 17 is to: "Strengthen the means of implementation and revitalize the global
partnership for sustainable development".[76] This goal has 19 outcome targets and
24 indicators. Increasing international cooperation is seen as vital to achieving each of
the 16 previous goals.[77] Goal 17 is included to assure that countries and
organizations cooperate instead of compete. Developing multi-stakeholder
partnerships to share knowledge, expertise, technology, and financial support is seen
as critical to overall success of the SDGs. The goal encompasses improving north–
south and South-South cooperation, and public-private partnerships which involve
civil societies are specifically mentioned.[78]

With US$5 trillion to $7 trillion in annual investment required to achieve the SDGs,
total official development assistance reached US$147.2 billion in 2017. This,
although steady, is below the set target.[79] In 2016, six countries met the
international target to keep official development assistance at or above 0.7 percent of
gross national income.[79] Humanitarian crises brought on by conflict or natural
disasters have continued to demand more financial resources and aid. Even so, many
countries also require official development assistance to encourage growth and trade.
[79]

Corporate Wars

Corporate warfare is attacks on individuals or companies by other


individuals or companies.[1][2] Such warfare may be part of economic
warfare and cyberwarfare; but can involve espionage, 'dirty' PR
tactics, or physical theft.[3] The intention is largely to
destabilise or sink the value of the opposing company for financial
gain, or to steal trade secrets from them.

Ethics pertaining to discipline: Manufacturing, Marketing, technology- Ethical


Hacking, Teaching Ethics, Media Ethics, Bio Ethics, Legal ethics, Business
ethics, management law, journalism

Ethics is practical in the way that a good theory is practical.

Ethics is the reflection on and study of desirable behaviours. Those are then
instrumentalized into moral behaviours, build on norms, as practical guidelines. So
you could say that ethics is the preparation for the practical application in moral
behaviour.
Moral behaviour can be outdated or have other needs for adjustment. These days the
most important reason for adjusting moral behaviour is that in todays multicultural
societies there are no obvious consensuses on the content of ethics, let alone its
application into moral behaviour. So we have to think on a regular basis about which
behaviours would be more desirable in the new situations in which we have to make
sense.

Outdated morality norms can be seen around tabus, which are norms themselves. All
cultures have traditions with tabus and typically they serve as warnings against
danger. Many tabus have to do with sexuality and with food; traditionally contexts
that come with risk. But as technology improves and the level of education rises, the
situation that in the past needed a tabu in order to protect against danger, can these
days be managed, so it does not need to have a tabu as a norm.

Module 5 -

Best practices in research / standards setting initiatives and guidelines: COPE,


WAME, etc

Principles of Transparency

1. Peer review process: Journal content must be clearly marked as whether peer reviewed or
not. Peer review is defined as obtaining advice on individual manuscripts from reviewers
expert in the field who are not part of the journal’s editorial staff. This process, as well as any
policies related to the journal’s peer review procedures, shall be clearly described on the
journal’s Web site.
2. Governing body: Journals shall have editorial boards or other governing bodies whose
members are recognized experts in the subject areas included within the journal’s scope. The
full names and affiliations of the journal’s editors shall be provided on the journal’s Web site.
3. Editorial team/contact information: Journals shall provide the full names and affiliations of
the journal’s editors on the journal’s Web site as well as contact information for the editorial
office.
4. Author fees: Any fees or charges that are required for manuscript processing and/or
publishing materials in the journal shall be clearly stated in a place that is easy for potential
authors to find prior to submitting their manuscripts for review or explained to authors
before they begin preparing their manuscript for submission.
5. Copyright: Copyright and licensing information shall be clearly described on the journal’s
Web site, and licensing terms shall be indicated on all published articles, both HTML and
PDFs.
6. Process for identification of and dealing with allegations of research misconduct: Publishers
and editors shall take reasonable steps to identify and prevent the publication of papers
where research misconduct has occurred, including plagiarism, citation manipulation, and
data falsification/fabrication, among others. In no case shall a journal or its editors
encourage such misconduct, or knowingly allow such misconduct to take place. In the event
that a journal’s publisher or editors are made aware of any allegation of research misconduct
relating to a published article in their journal—the publisher or editor shall follow COPE’s
guidelines (or equivalent) in dealing with allegations.
7. Ownership and management: Information about the ownership and/or management of a
journal shall be clearly indicated on the journal’s Web site. Publishers shall not use
organizational or journal names that would mislead potential authors and editors about the
nature of the journal’s owner.
8. Web site: A journal’s Web site, including the text that it contains, shall demonstrate that care
has been taken to ensure high ethical and professional standards. It must not contain
misleading information, including any attempt to mimic another journal/publisher’s site.
9. Name of journal: The journal name shall be unique and not be one that is easily confused
with another journal or that might mislead potential authors and readers about the Journal’s
origin or association with other journals.
10. Conflicts of interest: A journal shall have clear policies on handling potential conflicts of
interest of editors, authors, and reviewers and the policies should be clearly stated.
11. Access: The way(s) in which the journal and individual articles are available to readers and
whether there are associated subscription or pay per view fees shall be stated.
12. Revenue sources: Business models or revenue sources (eg, author fees, subscriptions,
advertising, reprints, institutional support, and organizational support) shall be clearly stated
or otherwise evident on the journal’s Web site.
13. Advertising: Journals shall state their advertising policy if relevant, including what types of
ads will be considered, who makes decisions regarding accepting ads and whether they are
linked to content or reader behavior (online only) or are displayed at random.
14. Publishing schedule: The periodicity at which a journal publishes shall be clearly indicated.
15. Archiving: A journal’s plan for electronic backup and preservation of access to the journal
content (for example, access to main articles via CLOCKSS or PubMed Central) in the event a
journal is no longer published shall be clearly indicated.
16. Direct marketing: Any direct marketing activities, including solicitation of manuscripts that
are conducted on behalf of the journal, shall be appropriate, well targeted, and unobtrusive.

Academic misconducts: Falsification, Fabrication and Plagiarism (FFP)

Some research behaviors are so at odds with the core principles of science that they
are treated very harshly by the scientific community and by institutions that oversee
research. Anyone who engages in these behaviors is putting his or her scientific career
at risk and is threatening the overall reputation of science and the health and welfare
of the intended beneficiaries of research.

Collectively these actions have come to be known as scientific misconduct. A


statement developed by the U.S. Office of Science and Technology Policy, which has
been adopted by most research-funding agencies, defines misconduct as “fabrication,
falsification, or plagiarism in proposing, performing, or reviewing research, or in
reporting research results.” According to the statement, the three elements of
misconduct are defined as follows:

Fabrication is “making up data or results.”


Falsification is “manipulating research materials, equipment,


or processes, or changing or omitting data or results such that
the research is not accurately represented in the research
record.”


Plagiarism is “the appropriation of another person’s ideas,


processes, results, or words without giving appropriate
credit.”

In addition, the federal statement says that to be considered research misconduct,


actions must represent a “significant departure from accepted practices,” must have
been “committed intentionally, or knowingly, or recklessly,” and must be “proven by
a preponderance of evidence.” According to the statement, “research misconduct does
not include differences of opinion.”

Some research institutions and research-funding agencies define scientific research


misconduct more broadly. These institutional definitions may add, for example, abuse
of confidentiality in peer review, failure to allocate credit appropriately in scientific
publications, not observing regulations governing research, failure to report
misconduct, or retaliation against individuals who report misconduct to the list of
behaviors that are considered misconduct. In addition, the National Science
Foundation has retained a clause in its misconduct policies that includes behaviors
that seriously deviate from commonly accepted research practices as possible
misconduct.

A Breach of Trust

Beginning in 1998, a series of remarkable papers attracted great attention within the
condensed matter physics community. The papers, based largely on work done at Bell
Laboratories, described methods that could create carbon-based materials with long-
sought properties, including superconductivity and molecular-level switching.
However, when other materials scientists sought to reproduce or extend the results,
they were unsuccessful.

In 2001, several physicists inside and outside Bell Laboratories began to notice
anomalies in some of the papers. Several contained figures that were very similar,
even though they described different experimental systems. Some graphs seemed too
smooth to describe real-life systems. Suspicion quickly fell on a young researcher
named Jan Hendrik Schön, who had helped create the materials, had made the
physical measurements on them, and was a coauthor on all the papers.

Bell Laboratories convened a committee of five outside researchers to examine the


results published in 25 papers. Schön, who had conducted part of the work in the
laboratory where he did his Ph.D. at the University of Konstanz in Germany, told the
committee that the devices he had studied were no longer running or had been thrown
away. He also said that he had deleted his primary electronic data files because he did
not have room to store them on his old computer and that he kept no data notebooks
while he was performing the work.

The committee did not accept Schön’s explanations and eventually concluded that he
had engaged in fabrication in at least 16 of the 25 papers. Schön was fired from Bell
Laboratories and later left the United States. In a letter to the committee, he wrote that
“I admit I made various mistakes in my scientific work, which I deeply regret.” Yet
he maintained that he “observed experimentally the various physical effects reported
in these publications.”

The committee concluded that Schön acted alone and that his 20 coauthors on the
papers were not guilty of scientific misconduct. However, the committee also raised
the issue of the responsibility coauthors have to oversee the work of their colleagues,
while acknowledging that no consensus yet exists on the extent of this responsibility.
The senior author on several of the papers, all of which were later retracted, wrote that
he should have asked Schön for more detailed data and checked his work more
carefully, but that he trusted Schön to do his work honestly. In response to the
incident, Bell Laboratories instituted new policies for data retention and internal
review of results before publication. It also developed a new research ethics statement
for its employees.

A crucial distinction between falsification, fabrication, and plagiarism (sometimes


called FFP) and error or negligence is the intent to deceive. When researchers
intentionally deceive their colleagues by falsifying information, fabricating research
results, or using others’ words and ideas without giving credit, they are violating
fundamental research standards and basic societal values. These actions are seen as
the worst violations of scientific standards because they undermine the trust on which
science is based.

Fabrication in a Grant Proposal

Vijay, who has just finished his first year of graduate school, is applying to the
National Science Foundation for a predoctoral fellowship. His work in a lab where he
did a rotation project was later carried on successfully by others, and it appears that a
manuscript will be prepared for publication by the end of the summer. However, the
fellowship application deadline is June 1, and Vijay decides it would be advantageous
to list a publication as “submitted” rather than “in progress.” Without consulting the
faculty member or other colleagues involved, Vijay makes up a title and author list for
a “submitted” paper and cites it in his application.

After the application has been mailed, a lab member sees it and goes to the faculty
member to ask about the “submitted” manuscript. Vijay admits to fabricating the
submission of the paper but explains his actions by saying that he thought the practice
was not uncommon in science. The faculty members in Vijay’s department demand
that he withdraw his grant proposal and dismiss him from the graduate program.

Redundant publications: duplicate and overlapping publications, salami


slicing, Selective reporting and misrepresentation of data.

Although the prevalence of blatant duplicate publications varies across disciplines, its
overall prevalence is relatively low (see Larivière & Gingras, 2010) and their impact
on the integrity of science is likely minor, particularly in instances when the published
papers are truly identical (i.e., same title, abstract, author list). However, other forms
of duplication exist and these are often classified with terms such as redundant
publication or overlapping publication (see p 148 of Iverson, et al., 2007 for
additional descriptive terms). As indicated earlier, these types of self-plagiarism are
more prevalent and likely more detrimental to science because they involve the
dissemination of earlier published data that are presented as new data, thereby
skewing the scientific record. Bruton (2014) and others (e.g., von Elm, Poglia, Walder
& Tramer, 2004) have discussed various other types of duplication. Below are some
of the most common forms.

Data Aggregation/Augmentation. In this type of duplication, data that have already


been published are published again with some additional new data (see Smolčić &
Bilić-Zulle, 2013. The resulting representation of the aggregated data is likely to be
conceptually consistent with the original data set, but it will have different numerical
outcomes (i.e., means and standard deviations), figures, and graphs (see Bonnell,
Hafner, Hersam, Kotov, Buriak, Hammond, Javey, Nordlander, Parak, Schaak, Wee,
Weiss, Rogach, Stevens & Willson, 2012 for an example). This type of publication is
highly problematic when the author presents the data in a way that misleads the reader
into believing that the entire data set is independently derived from the data that had
been originally published. That is, the reader is never informed that a portion of the
data being described had already been published or perhaps the presentation is
ambiguous enough for the reader to be unable to discern the true nature of the data.

Data Disaggregation. As the label suggests, data disaggregation occurs when data
from a previously published study are published again minus some data points and
with no indication or, at best, ambiguous indication as to their relationship to the
originally published paper. The new study may consist of the original data set minus a
few data points now considered outliers, or perhaps data points at both ends of their
range that happen to lie outside a newly established criterion for inclusion in the new
analyses, or perhaps some other procedure that results in the exclusion of some of the
data points appearing in the original study. As with data augmentation, the new
publication with the disaggregated data will contain different numerical outcomes
(i.e., means and standard deviations), figures, and graphs, however, the underlying
data are largely the same as the previously published data, but are presented in a way
that misleads the reader into interpreting the ‘new’ data as having been independently
collected.
Data segmentation. Also known as Salami Publication or Least Publishable Unit,
data segmentation is a practice that is often subsumed under the heading of self-
plagiarism, but which, technically is not necessarily a form of duplication or of
redundancy as Bruton, 2014 has correctly pointed out. It is usually mentioned in the
context of self-plagiarism because the practice often does include a substantial
amount of text overlap and possibly some data as well, with earlier publications by
the same author/s. Consider the examples provided by Kassirer and Angell (1995),
former editors of The New England Journal of Medicine:

Several months ago, for example, we received a manuscript


describing a controlled intervention in a birthing
center. The authors sent the results on the mothers to
us, and the results on the infants to another journal.
The two outcomes would have more appropriately been
reported together. We also received a manuscript on a
molecular marker as a prognostic tool for a type of
cancer; another journal was sent the results of a second
marker from the same pathological specimens. Combining
the two sets of data clearly would have added meaning to
the findings.

In some cases, the segmenting of a large study into two or more publications may, in
fact, be the most meaningful approach to reporting the results of that research.
Longitudinal studies are an example of this type of situation. However, dividing a
study into smaller segments must always be done with full transparency, showing
exactly how the data being reported in the later publication are related to the earlier
publication. An often stated rationale used by some authors for not disclosing the
relationship between related publications or for other forms of covert overlap between
publications is that both reports are prepared and submitted simultaneously to
different journals (see, for example, Katsnelson, 2015). However, this should not be
considered an acceptable excuse for not disclosing any overlap between studies,
especially to the editors of the journals. Authors should describe how the study data
being described are related to a larger project. They can always provide a footnote,
author note or some other indication that manuscripts describing the other portions of
the data set are in preparation or under consideration, etc., which ever the case may
be. The important point is that readers need to be made aware that the data being
reported were collected in the context of a larger study. As with other forms of
redundancy and actual duplication, salami slicing can lead to a distortion of the
literature by leading unsuspecting readers to believe that data presented in each salami
slice (i.e., journal article) are independently derived from a different data collection
effort or subject sample.

Violation of publications ethics, authorship, and contributor ship


The major problems with respect to publication ethics were plagiarism and multiple
submissions in the three journals. When the authors were challenged, many of them
did not reply, and wrote back saying that they would like to withdraw the manuscript,
claimed ignorance or blamed their lack of English language skills. Many authors had
copied the text from published articles with citations and pasted them under the
discussion section. To avoid delay in getting the manuscripts published, authors
indulged in multiple submissions. ‘Multiple submissions’ is almost impossible to
detect while the manuscript is being processed. When the manuscript is accepted in
one journal, the authors withdraw the same manuscript from other journals stating that
the manuscript processing cycle is too long for them to wait. When an author submits
a manuscript to a scholarly journal, he/she declares that manuscript is currently not
under consideration for publication elsewhere, but many do not hesitate to violate the
declaration.

Submitting the same manuscript as a new submission to the same journal could be due
to lack of knowledge or experience in operating the online submission system. This
could be a manual error and can be rectified by the editor or one of the editorial staff
during preliminary screening of the manuscript.

Sometimes authors provide unrelated or inappropriate affiliations which could not be


verified. The institution where the work was carried out must be mentioned (on the
byline) rather than the institution where the author is currently working. The address
of the current work place can be given under the correspondence address or in the
footnote.

When the authors failed to submit evidence of ethics committee permission on a few
occasions, it was difficult to decide whether any violation of research ethics was
involved. Authors should have in their possession, all the necessary source documents
in original including the ethics committee permission letter (if applicable), data output
sheets from the instruments, important communications and copies of the cited papers
in the manuscript at least for a few years. The JPP editors have in the past asked a few
authors to submit copies of the cited papers in their manuscript and the ethics
committee permission letter.

The scientific publication process is by and large built on trust. The mechanisms
currently put in place to detect the unethical practices cannot be foolproof. A cunning
and more determined author can break the regulations and get away with it. More
often than not the unethical publication practices come to light by chance rather than
design to detect them. That calls for self-regulation on the part of the authors and
journals should exhort them to follow the code of conduct. However, that does not
mean the journals should stop screening for the violation of code of publication.
Authors have equal, if not more responsibility in maintaining the ethical standard of
the existing publication process. Realization of this fact and playing their role with all
sincerity and honesty will definitely bring down the instances of unethical publication
practices. Authors should be made to realize “authorship implies not just credit but
responsibility too”.


Use of plagiarism software like Turnitin, Urkund and other open source
software tools

1. Allow you to search in a variety of databases


Plagiarism tools allow access to a number of databases, which means that you can cross
check papers across a high volume of documents. These tools can search through a multitude
of databases and indexes so that any incidents of plagiarism can be detected and appropriate
action can then be taken.  If there is any doubt that a learner has plagiarized work, an
instructor can input (or just copy and paste) the excerpt in question into the software and
confirm or clear the suspicions.
2. Plagiarism checking software serves as an invaluable educational aid
If you do discover that a paper or assignment has been plagiarized after using the checking
tool, you can then use this opportunity to show the learner how to properly cite references.
Instructors can inform the learners of how they can improve upon their writing and research
skills, which ultimately enhances the learning experience as a whole.
3. Offers learners the opportunity to get more out of the educational experience
Learners who are aware of the consequences of plagiarism today will be more likely to have
successful academic careers in the future. Using plagiarism checkers in eLearning helps
learners to develop moral and ethical boundaries in respects to the content they create,
whether for class or for professional projects. Also, plagiarism checkers enable learners to
get the most out of the educational experience, given that they will have to truly acquire and
retain the information in order to write a paper in their own words.
4. Deters learners from plagiarizing in the first place
If learners are aware of the fact that you are using plagiarism checkers, then they will be less
likely to even attempt to copy the work of others. If instructors or facilitators inform learners
that all of their papers will be checked by one of these tools, they may potentially stop
plagiarism before it even begins. Often times, simply stating that you are using a plagiarism
checker, even if you aren't planning to run each and every paper through the tool, will be
enough to deter copying amongst learners.
5. Ensure that your own eLearning course content is free of plagiarism
If you are an eLearning course or content developer yourself, it's always wise to run your
work through a plagiarism-checking tool before uploading it or integrating it into your
deliverable. This not only allows you to uphold your professional credibility, but also enables
you to avoid any issues later on, such as copyright infringement. 

Complaints and appeals examples and fraud from India and abroad

1. Nature of complaints considered:

Complaints may relate to a failure of process (e.g. delays) or a severe misjudgement


(e.g. an improperly applied retraction notice). They may also relate to author or
reviewer misconduct. Complaints may be made by anyone, including authors,
reviewers and readers.
All complaints must be within the scope of the Rules and Regulations governing EES,
and must be related only to the content, policies or processes of the journal. EES will
not consider complaints where the complainant simply disagrees with a decision taken
by the Editorial team (see appeals process below). 

1. Process for making a complaint

Complaints should be emailed to insee.ees[at]gmail.com. Please provide as much


detail as possible and include supporting information where appropriate (for example,
copies of email correspondence).
If your complaint relates to a specific article, please include the title and DOI if it is
already published and the manuscript ID number if it is unpublished (with copies of
system generated email acknowledgement to the receipt of submission). 

1. Process for handling the complaints

A formal acknowledgement of the complaint will be made within five working days.
Every attempt will be made to provide a full response within four weeks. Otherwise,
regular interim communications will be made, at least once in every four weeks.
Complaints will be dealt with by the journal office wherever possible, with reference
to EES policies and guidelines, but will be escalated to the Corresponding Editor
where necessary. The Corresponding Editor has the right to consult the other Editors
or with any third party over the issue, and make a final decision. That final decision
shall be binding, and the matter shall be deemed closed.
Where a complaint is made about an Editor, it will be independently investigated by
one or the other two Editors. All complaints against the Editors be referred to INSEE
President, in her/his role as Secretary, Advisory Board and then, be referred to
Advisory Board or INSEE Executive Committee as s/he deems appropriate. The
purpose of the investigation is to establish that (a) the correct procedures have been
followed in line with the guidelines and policies including Publication Ethics and
Publication Malpractice Statement, (b) decisions have been reached based on
academic criteria and (c) personal prejudice or bias has not influenced the outcome. 

4 Complaints or concerns about author or reviewer misconduct

If you wish to complain or raise a concern about suspected author or reviewer


misconduct, please refer to our Publication Ethics and Publication Malpractice
Statement for more detail about our processes for dealing with allegations and the
kind of evidence we might require. The process for raising these complaints and
concerns is the same as above.
Concerns may include, but are not limited to:

 Suspicion of an ethical problem with a manuscript (including undeclared conflicts of interest,


false ethical declarations, use of identifiable images without consent or use of copyright
images without permission)
 Suspicion of unethical image manipulation in a published article
 Suspected manipulation of the publication process (including practices such as duplicate
publication, self-plagiarism, salami-slicing or excessive self-citation)

We take allegations of misconduct very seriously and will investigate following


established best practices in publication ethics. 
1. Complaints about advertising

If you are unhappy about an advertisement you have seen in EES we recommend
contacting the advertiser directly. If there is no response you can contact Advertising
Standards Council of India.
You are also welcome to contact us through insee.ees[at]gmail.com. Generally, this
will result in one of four outcomes:

A. We may confirm that the advertising complies with Principles & Guidelines of the
Advertising Standards Council of India that we follow and does not require any
change.

B. We may ask the advertiser to revise the advertisement.

C. We may refuse to display advertising for the product in future.

D. We may escalate the complaint to the advertiser or the ASCI.

1. If your complaint is not satisfactorily resolved:

If you do not feel your complaint has been addressed, you may wish to refer it further.
INSEE: Complaints against editors may be referred to the President of INSEE, the
Society owning the journal through insee.ees[at]gmail.com with a copy to
insee[at]iegindia.org. Please note, however that EES and INSEE abide by a strict
policy of editorial independence. Complaints about editorial matters (rejections,
retractions, appeals etc.) will be referred back to the Editors, whose decisions on such
matters is final.

1. Appeals

We will consider appeals against the editorial decision only under highly specific
circumstances and usually only where a clear breach of policy can be demonstrated or
author can indicate a clear misunderstanding of the article by the reviewer.

7.1 Rejected manuscripts

The most common reasons for rejecting manuscripts are:

 The article content is not within the scope of the journal;


 The article is not written in clear and intelligible English;
 The article does not conform to our Guidelines for Authors in terms of content, style and/or
formatting.
 The article does not meet the journal’s quality as per recommendations of reviewers and
decision of the editor.

In the last three instances, articles are normally reopened to authors to allow changes
to be made within a 8 week window. Failure to meet this deadline will result in
automatic rejection of the manuscript.
We will not consider appeals against the Editor’s decision under any of these
circumstances.
It is the author’s responsibility to provide the correct contact details, to monitor
correspondence from our office, to respond promptly using the correct email address,
and to comply with our requirements. Where a manuscript has been rejected because
authors have failed to meet the revision deadline, a new submission is possible.

7.2 Rejection of revised articles

Revised articles will not usually be rejected provided they conform to our guidelines
for revised versions. We will not consider appeals against the editorial decision to
reject a revised article if it does not meet our requirements.
Authors whose manuscript has been rejected on other grounds may follow the appeals
process if they wish to make an appeal, but note that Editors are unlikely to reverse
their original decision unless significant new information is supplied or it can be
demonstrated that our processes were at fault.

7.3 Retracted articles

Editors do not take the decision to retract articles lightly and will usually have
conducted an extensive investigation before doing so. We will only consider appeals
against retractions if substantial evidence can be provided to demonstrate that the
decision was unjust.

7.3 Appeals process

Any appeals against the editorial decision must be made by email to


insee.ees[at]gmail.com with a copy to insee[at]iegindia.org addressed to the Publisher
within two weeks of the decision. You will need to provide a detailed explanation of
why you disagree with the decision and include supporting information. You should
also include the article title and DOI if you are appealing a decision to retract a
published article and the manuscript ID number you are appealing a decision to reject
an unpublished manuscript.
We will acknowledge receipt of your appeal within five working days and it will be
passed to the Editors for consideration. Wherever possible, the appeal will be
considered by an Editor who was not involved in the original decision. The handling
Editor will make a recommendation to either reject the appeal, request further
information or uphold the appeal. We aim to resolve all appeals within four weeks.
The editorial decision on these matters is final and we will not consider further
appeals on the same grounds.

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