Kellers Customer Based Brand Equity Model Marketing Essay

Kellers Customer Based Brand Equity Model Marketing Essay Principles of Marketing, by Philip Kotler and Gary Armstrong and the American Marketing Association defined brand  as a name, term, sign / symbol or a  combination of these that identifies the maker or seller of the product and differentiates them from those of the competition. Aakers (1991) widely accepted definition of a brand is to identify the goods or services of whether one seller or a group of sellers, and to differentiate those goods or services from those of competitors. Brands are thus, valuable assets and tools influencing consumer behavior which includes awareness, choice, use, satisfaction, recommendation, trust and loyalty. They reduce information search costs and risk for consumers and deliver quality, values, promises, and lifestyle enhancement (Czellar, 2010) .According to Keller (2002) the benefits of a strong brand can be categorized under 4 different categories, namely, product-related effects, price-related effects, communication-related effects and channel r elated effects. Product-related effects of brand include consumer product evaluations, consumer confidence, perceptions of quality, and purchase rate positively related to a brand name. If consumers are well aware of a brand, their attitude and their purchase intention toward the brand are increased. Price-related effects refer to the fact that brand leaders have higher priced positions and consumers have a lower level of price sensitivity toward those leaders. Communication-related effects refer to how the evaluation of brand advertising can be positively biased when consumers have positive feelings toward a brand which is a well known and well-liked brand and the effect of the well-known brand, which is most likely to have competitive advantage in marketing activities, is the channel-related effect. 2.2 Fashion and Branding According to Solomon and Rabolt (2004), fashion is defined as a style that is accepted by a large group of people at a given time. Generally people use the term fashion and style interchangeably. In the fashion context, consumers choose a certain fashion brand over others because they are associated with a certain style (Ferney et al.2005).The way individuals have their own distinctive personalities and styles in the manner of living, speaking as well as dressing, the brands too can be associated with a particular personality, because branding has the propensity to distinguish a brand from others by creating an individual brand personality, by using different brand elements like name, logo, symbol, and package design(Newman and Patel ,2002).Branding is important in fashion retailing as the brand can project a specific image like personality, sex, lifestyle and age, to the target consumers. Like in case of a sports brand, the attribute of sporty feeling would be formed in consumers mi nd whereas a casual fashion brand would be associated with the casual attribute (Keller 2002). The brand image allows fashion merchandise to communicate a distinct symbolic meaning, through merchandise, store atmosphere, sales associate attraction with customers, and marketing campaign, between the retailers and the consumers (Ferney et al, 2005). Newman and Patel discovered that brand image is crucial in this intensely competitive fashion retail sector. As different types of fashion consumers are matched with particular clothing styles, brand image can create a point of difference and assist consumers in selecting a suitable fashion brand. A successful fashion brand can capture the market share and maintain a positive relationship with its customers, therefore creating an appropriate fashion brand is one of the primary ways for the marketers to differentiate the products from the competitors. In brief, fashion and branding are closely related (Solomon and Rabolt 2004; Newman and Pa tel, 2002). 2.3 Brand Equity In Building Strong Brands, David Aaker defined brand equity as a set of brand assets and liabilities linked to the brand-its name and symbols-that add value to, or subtract value from, a product or service. The major asset categories are brand loyalty, brand name awareness, perceived quality and brand associations. http://www.tvonlinesurveys.com/enquete/Brand%20equity%20model%20Aaker.bmp(Aakers Brand Equity Model) The model mainly talks about how brand equity is formed of five components and how each has a role to play in the performance of the brand and indicates that how the brand equity will rise with the increase in brand loyalty, brand name awareness, and perceived quality and with stronger and positive brand associations and also with the increase in the number of brand related proprietary assets. This model can thus be used to get to grips with a brands equity and gain insight into the relation between the different brand equity components and the future performance of the brand. Apart from the five components, the model also reflects indicators or the consequences of the pursued branding policy. (Aaker, 1991) The five components and the factors having an influence on these components are: Brand loyalty: Aaker (1991) defines brand loyalty as the attachment that a customer has to a brand. Two different levels of loyalty are classified: behavioral and cognitive loyalty (Keller, 1998). Behavioral loyalty can be indicated by a number of repeated purchases (Keller, 1998) or commitment to buy the brand as a primary choice .Cognitive loyalty refers to the consumers intention to buy the brand as the first choice .Another indicator of loyalty is the customers willingness to pay higher price for a brand in comparison with another brand offering similar benefits. The extent to which people are loyal to a brand is expressed in the following factors: Reduced marketing costs, as hanging on to loyal customers is way cheaper than charming potential new customers. Trade leverage, as loyal customers represent a stable source of revenue for the distributive level. Attracting new customers, as current customers can help boost name awareness and hence bring in new customers Time to respond to competitive threats, as loyal customers that are not quick to switch brands give a company more time to respond to competitive threats. (Aaker, 1991) Brand awareness: It is a key determinant of brand equity. It is defined as an individuals ability to recall and recognize a brand. Top-of-mind and brand dominance is other levels of awareness included by Aaker (1996) in measuring awareness. Awareness can affect customers perceptions, which lead to different brand choice and even loyalty (Aaker, 1996). A brand with strong brand recall (unaided awareness) and top of mind can affect customers perceptions, which lead to different customer choice inside a product category. The extent to which a brand is known among the public ,can be measured using the following parameters: Anchor to which associations can be attached (depending on the strength of the brand name, more or fewer associations can be attached to it, which will, in turn ,eventually influence brand awareness) Familiarity and liking (consumers with a positive attitude towards a brand ,will talk about it more and spread brand awareness) Signal of substance/commitment to a brand. Brand to be considered during the purchasing process (to what extent does the brand form part of the evoked set of brands in a consumers mind) (Aaker, 1991) Perceived quality: It is defined as the customers judgment about a products overall excellence or superiority in comparison to alternatives brand and overall superiority that ultimately motivates the customer to purchase the product (Aaker and Jacobson, 1994). It is difficult for customers to make a rational judgment of the quality. They are likely using quality attributes like color, flavor, form, and appearance of the product and the availability of production information to infer quality. The extent to which a brand is considered to provide good quality products can be measured on the basis of the following criteria: The quality offered by the product / brand is a reason to buy it. Level of differentiation/position in relation to competing brands. Price, as the product becomes more complex to assess and status is at play, consumers tend to take price as a quality indicator. Availability in different sales channels, i.e. consumers have a higher quality perception of brands that are widely available. The number of brand extensions (this can tell the consumer the brand stands for a certain quality guarantee that is applicable on a wide scale) (Aaker, 1991) Brand associations: Consumer must first be aware of the brand in order to develop a set of associations. Brand association contains the meaning of the brand for consumers; it is anything linked in memory to a brand (Aaker, 1991). Brand associations are mostly grouped into a product-related attribute like brand performance and non product related attributes like brand personality and organizational associations. Customers evaluate a product not merely by whether the product can perform the functions for which it is designed for but the reasons to buy this brand over the competitors. Brand personalities include symbolic attributes (Aaker, 1996; Keller, 1993) which are the intangible features that meet consumers needs for social approval, personal expression or self-esteem. The associations triggered by a brand can be assessed on the basis of the following indicators: The extent to which a brand name is able to retrieve associations from the consumers brain, such as information from TV advertising. The extent to which association contribute to brand differentiation in relation to the competition (these can be abstract association or associations with concrete product benefits) The extent to which brand associations play a role in the buying process (the greater this extent ,the higher the total brand equity) The extent to which brand associations create positive attitude/feelings(the greater this extent, the higher the total brand equity) The number of brand extensions in the market (the greater this number, the greater the opportunity to add brand associations) (Aaker, 1991) Other proprietary assets: Some of the examples are patent and intellectual property rights, relations with trade partners, etc. (the more the proprietary rights a brand has accumulated, the greater the brands competitive edge in those fields) (Aaker, 1991) The model also provides an insight into the criteria that indicate to what degree actual value is created with both consumer and company due to pursued branding policy. However, this model does not make a clear distinction between added value brand can have for the consumer /customer and added value it can have for the brand owner/company and does not even discuss the process that goes into building strong brands, and is only useful to gain insight into the various brand equity components and the relation between them. (Wood, 2000) 2.4 Kellers Customer-based Brand equity model This model depicts the process that goes into building strong brands. It is set in the realm of brand added value, i.e. the focus of this model is on the added value a brand offers its customers/consumers. Kevin Lane Keller introduced this customer-based brand equity model, and has defined it as the differential effect that consumers brand knowledge has on their response to the marketing of that brand (Keller 1993).Differential consumer response is mainly based on consumers knowledge of the brand as well as the favorability of associations. The model is made up of various steps, which should be taken in a fixed order. The model talks about the six dimensions of brand equity, namely, brand salience, brand performance, brand imagery, consumer judgments, consumer feelings and brand resonance. According to Keller, the highest level of brand equity is realized when the top of the pyramid is attained. In his view, the resonance comes about when the consumer has a high level of awareness of and familiarity with the brand and holds some strong, favorable and unique associations in memory. (Keller, Strategic brand management, 2002) http://markhendrikse.squarespace.com/storage/post-images/july-2009/cmmemodel.jpg?__SQUARESPACE_CACHEVERSION=1247443493748 (Kellers customer based brand equity model) The six dimensions and the process that goes into building of strong brands, as identified by Keller are: Brand Salience: The first step in the development of a strong brand involves describing its identity, and revolves around the question: Who am I? .To achieve this, the brand managers need to ensure that the customers should be able to identify with the brand. A clear associative link between the brand and a specific product class/category has to be established in the mind of the consumer, this also further helps in creating a solid footing for the building of brand awareness and knowledge. Salience basically refers to how familiar consumers are with a brand and whether the brand is actively considered when consumers find themselves in purchase or consumption situations. A high level of salience means that a consumer has knowledge of both the depth and the width of a brand, (depth here refers to the ease with which a brand can be activated in the consumers brain, while width refers to the extent to which happens when the consumer is making a purchase decision.)Brand Salience is thus a precondition for moving up on the brand pyramid. (Keller, 2002) (Keller, Strategic Brand Management: a european perspective, 2008) Brand performance and brand imagery: when brand salience has been realized, the process moves on to the next steps in the development of brand meaning. The second step basically answers the question: What am I?This question is answered by using intrinsic (tangible) and extrinsic (intangible) characteristics of a brand.(Intrinsic characteristics refer to the degree to which a product/service is seen to perform by consumers, and extrinsic characteristics refers to how consumers think about a brand. In order to boost overall brand equity the focus needs to be on both brand performance and brand imagery, since they together add on to the brand associations. Raising brand performance starts by delivering a product/service that fulfills current customers needs, followed by attempts to surpass the triggered customer expectations. Brand imagery on the other hand can be increased by tailoring to consumerspshyco-social needs. Imagery refers to what people think about a brand (in terms of value and meaning) and not so much about what exactly the product does or can do (in terms of functionality).It can be raised directly by creating brand experience or indirectly through advertisement. In the end, these two dimensions together need to bring about certain brand associations that are strong, positive and unique. These dimensions also play an important role in creating brand loyalty. (Keller, 2002) Brand judgments and brand feelings: After realizing strong, positive and unique brand associations, the third step deals with the way consumers think and feel about a brand. This step basically contains the responses to the efforts from step 2(performance and imagery).the brand is evaluated and judged at this stage, formulating a certain attitude towards the brand. The two dimensions at play here are: brand judgments (rational) and brand feelings (emotional).the former denotes the opinion consumers have of a brand, and how they evaluate the brand. The opinion in this case is formed rationally and based on three criteria, quality, reliability and superiority. Brand feelings on the other hand are the emotional reactions by consumers to brands and their marketing efforts. What feelings does the brand evoke in the consumer, and in the social environment? Are these feelings intense or not, positive or negative? These feelings can very strong and can have an affect on brand observation dur ing actual use of the product. These feelings are based on various factors, namely, warmth, pleasure, tension, security, social acceptance and self respect. (Keller, 2002) Brand resonance: once when the consumer has acquired a positive idea of the brand in both a rational and an emotional sense, a solid base is created to further jump on to the last stage. This stage answers the question whether the consumer is willing to enter into a (lasting) relationship with a brand. If this stage is attained, then its considered as the brand has achieved true brand loyalty, where the consumer identifies him/herself with the values of the brand to a considerable degree and is willing to invest in a relationship. Brand resonance is an ultimate relationship between a brand and a consumer. The closeness of the bond can be measured using factors like loyalty, emotional bond, being a member of a brand community and active brand involvement. (Keller, 2002) Brand equity if used appropriately, possesses a huge potential to create advantages and benefits for the firm, the trade and the consumer. Some of the benefits of strong brand equity being, improved perceptions of product performance, greater loyalty, less vulnerability to competitive marketing actions and marketing crises, larger margins , more inelastic consumer response to price increases and more elastic consumer response to price decreases ,greater trade cooperation and support ,increased marketing communication effectiveness along with licensing opportunities and additional brand extension opportunities.(Wood ,2000 ; Feldwick, 1996) 2.5 Brand equity and brand extension Brand equity can be leveraged by building it, borrowing it, or by buying it. Building brand equity is not an easy task due to the rapid increase in the number of brands and the intense competition that is prevalent in many industries. Thus, the brands generally prefer to opt for the alternatives to building brand equity i.e. by borrowing it or buying it. (Moisescu, 2005; Tuominen, 1999) Since the study focuses on the role of brand equity in brand extensions, leveraging brand equity by borrowing it, will be discussed. Borrowing brand equity: According to Tuominen (1999), many firms borrow on the brand equity in their brand names by extending existing brand names to other products, which is referred to as brand extension. There are two types of brand extensions namely, a line and a category extension. A line extension is when a current brand name is used to enter new market segment in the existing product class, whereas, a category extension is when the current brand name is used to enter a different product class. A line extension occurs when a company introduces additional items in the same product category under the same brand name. A line extension often involves a different size, color, flavor or ingredient, a different form or a different application for the brand (Richard Elliot, 2006). Products in line extensions are technically congruent, i.e., similar in many attributes. They belong to the same product category or subclass. The vast majority of new-product activity consists of line extens ions. Excess manufacturing capacity often drives a company to introduce additional items. The company might want to meet the consumers desire for variety. The company may recognize a latent consumer want and try to capitalize on it (Moisescu, 2005). The company may want to match a competitors successful line extension. Many companies introduce line extensions primarily to command more shelf space from resellers. Line extensions involve risks. There is a chance that the brand name will lose its specific meaning. This is called the line-extension trap (Eun Young Kim, 2000) .The other risk is that many line extensions will not sell enough to cover their development and promotion costs. Furthermore, even when they sell enough, the sales may come at the expense of other items in the line. A line extension works best when it takes sales away from competing brands, not when it cannibalizes the companys other products (Moisescu, 2005).A category extension occurs when a company decides to us e an existing brand name to launch a product in a new product category. Category extensions capitalize on the brand image of the core product or service to efficiently inform consumers and retailers about a new product or service (Richard Elliot, 2006).The potential benefits of category extensions include immediate name recognition and the transference of benefits associated with a familiar brand. A well-regarded brand name gives the new product instant recognition and earlier acceptance (Eun Young Kim, 2000). It enables the company to enter into new-product categories more easily. Moreover, category extensions eliminate the high costs of establishing a new brand and often reduce the costs of gaining distribution (Eun Young Kim, 2000; Dennis A. Pitta, 1995). Category extensions also involve risks. The new product might disappoint buyers and damage their respect for the companys other products. The brand name may lose its special positioning in the consumers mind through over-extensi on. (Dennis A. Pitta, 1995) Brand dilution is said to occur when consumers no longer associate a brand with a specific product or highly similar products (Richard Elliot, 2006). Companies that are tempted to transfer their brand name must research how well the brands associations fit the new product. The best result would occur when the brand name builds the sales of both the new product and the existing product. An acceptable result would be when the new product sells well without affecting the sales of the existing product. The worst result would be when the new product fails and hurts the sales of the existing product (Tuominen, 1999). Transferring an existing brand name to a new product category requires great care. In order to successfully maintain and further leverage the existing brand equity and to prevent it from any damage, a brand needs to carefully extend itself by maintaining perceptual fit, competitive leverage, and benefit transfer. Where in perceptual fit means that the consumer must perceive the new item to be consistent with the parent brand, competitive leverage means that the new item must be comparable or superior to other products in the category and benefit transfer means that the benefit offered by the parent brand is desired by consumers of products in the new category (Dennis A. Pitta, 1995; Tuominen, 1999). To use brand equity efficiently and appropriately and to further maintain perceptual fit, competitive leverage and benefit transfer, a brand needs to know and consider various factors while deciding upon a brand extension strategy. Consumers beliefs and feelings about the original brand are likely to be transferred, only when the extension product is perceived as a member of the original brand family (Abhishek Dwivedi, 2007).The greater the fit / similarity perceived by consumers between the extension product and the original brand, the more likely, the affect associated with the original brand would be transferred to the extension product. Thus the consumer perception of fit is s the most important construct in a consumer evaluation of brand extension. The consumer perception of fit serves as a heuristic cue in a consumer brand extension evaluation process because one of the functions of similarity is to allow people to make educated guesses in the face of limited knowledge with the brand extension (Leslie de Chernatony, 2001). The extension product is new to the consumers so if it is perceived as similar to the original brand, the consumers will be able to make inferences or judgments about the new extension based on these similarities. The perceived fit will be achieved when a consumer perceives that the new extension product is consistent with the parent brand ,or a family member of the brand name, and then affect or attitude transference will be more likely to occur ,to facilitate the brand extension evaluation. It is widely accepted that fit perceptions between an extension and its parent brand determines consumer evaluations of brand extensions and there is a positive relationship between the fit perceptions and consumers attitudes toward the extension. (Abhishek Dwivedi, 2007; Havard Hansen, 1998) 2.6 Dimensions of fit The perception of fit is an important determinant but there still considerable variances about its dimensions in the literature. The most popular concepts that have been used to define the dimensions of fit are similarity ,relatedness, typicality, and brand concept consistency. These concepts define the perception of fit from different aspects, but they also have some overlaps. (Langlotz, 2008; Izabella b.2009) 2.6.1 Similarity: In most research similarity refers to how alike the original product and the extension product are in terms of features and attributes. The consumer similarity judgment involves comparing or matching features between the original product category and the new extension product category. The more features that overlap or match between the two classes of products, the more likely it is that these two products will be perceived to belong to the same cognitive category (Dr. Ashish Sharma, 2007) .Besides, shared features between two product classes, similarity also refers to shared benefits, which means that two products have a common goal. Similarity can also be used to refer to sharing same usage situations, or being complementary in usage. From the firms perspective similarity also refers to manufacturing synergies or the firms ability to transfer the marketing, operating or manufacturing capability from the original product to the new extension product ( Izabella b.20 09). According to Aaker Keller (1990), similarity is based on three elements, complement, substitute, and transfer. Complement indicates the extent to which consumers view two product classes as sharing the same usage context. Substitute is the extent to which consumers perceive two product classes can replace each other in satisfying the same need. Transfer is the extent to which the perceived ability or skill of a manufacturer that is required for the extension overlaps with that of the parent brands. Consumer perceived similarity plays an important role in brand extension evaluation. It can enhance the transferability of perceived quality of the brand to the extension, and directly affect the attitude towards the extension; the higher the level of similarity, the more favorable the attitude toward brand extension (Langlotz, 2008). 2.6.2 Typicality: It is used to measure the consumers perception of fit between the extension product and the original family branded products. According to Tauber (2001), when an extension shares more features of current family branded products, it will be a more typical member of the family brand and the affect transference will be more likely to occur on the new extension. Typicality refers to how representative the extension product category is of the original family branded products .An extension product may be perceived as a typical member of the original brand family not only because it shares many physical features of the original product, but also because it represents the family brand image at a high level. Typicality is basically a broader view of similarity .It also includes some non product related aspects like the brand image. Typicality has an impact on consumer brand extension evaluations; however the notion of typicality may be more useful measurement of fit percepti on when the original brand has more than one existing product, because it measures how representative the new extension is of the brand family. (Tauber, 2001; Vukasovic, 2001) 2.6.3 Relatedness: It is another word used to describe the fit between the extension product and the original brand .It refers to the strength of the association between the brands parent category and the target extension category (VukasoviÄ , 2001). The consumer attitudes transference is more likely to occur on extensions which are closely related to the parent categories. Relatedness is a similar concept to similarity. It depends on the similarity of common features, complementarities in a common usage situation, and substitutability in providing a common function. However, relatedness is a more inclusive construct than similarity. The notion of similarity only refers to the common physical features between the original product category and the extension category. It does not accommodate the notion of conceptual coherence; i .e, sometimes two product categories are perceived to be related to each other conceptually not physically. So it can be concluded that relatedness offe rs a broader view of similarity. (Langlotz, 2008).Like the concept of typicality, the notion of relatedness defines consumer perceptions of fit on the concept of similarity, but they both offer some idea that is more than the similarity concept. These two concepts indicate that the consumer perceptions of fit in brand extension evaluations include not only physical product similarities, but also consistencies at some non physical levels, for example the brand image level and product conceptual level. (Langlotz, 2008; Vukasovic, 2001) 2.6.4 Brand concept consistency : Although both concepts of typicality and relatedness capture some non physical aspects of fit, the non product aspects of fit are accommodated more by the concept of brand concept consistency. A brand concept is the brand image, which is made up of specific associations that differentiate the brand from other competing brands. It is the unique abstract meaning that is derived from a particular configuration of product features (Tauber, 2001). Langlotz (2008) reveals that when consumers evaluate a brand extension, they not only take into account information about the product feature similarity, but also the concept consistency between the brand concept and the extension. The brand concept consistency is more non product related and is more about the brand image than the physical features. The more that consumers think the extension is consistent with the parent brand concept or image, the more favorable consumer attitudes are toward the extension. Thu s those extensions, which are very different from the parent product category physically, can also be perceived as fitting with the parent brand, as long as they have consistent images and concepts with the parent brand. Compared with the notion of similarity, brand concept consistency captures a totally different aspect of fit. However it is believed to be equally important to the similarity between the extension product and the original product in a consumer brand extension evaluation process. The concept of consumer fit perceptions in brand extension evaluation is incomplete without either similarity or brand concept consistency (Tauber, 2001; Vukasovic, 2001). 2.7 Role of Consumer knowledge in brand extension evaluations Consumer knowledge is indicated as one of the moderating variables that have an impact on consumer fit perceptions in the brand extension evaluation process (Ma, 2005). Thus, review of the importance of the consumer fit perception in a brand extension evaluation, and its dimensions is followed with the review of consumer knowledge. 2.7.1 Influence of knowledge on consumers behaviors: Consumers with high and low knowledge react differently in a variety of consumer behaviors like information processing evaluation strategies and decision making. The differences between high and low knowledge consumers are addressed in three related areas: Differences in cognitive structure ,capabilities of analysis, inference and memory, Differences in internal knowledge transfer, Differences in similarity judgments between brands, Differences in fit perception in brand extension evaluations. (Phau, 2003)

Abortion - A Freedom Of Choice Essay -- Pro Choice Pro-Choice essays r

During the last twenty-five years, abortion has been one of the most heated topics being debated in the United States and Canada. The only topics that equal the abortion debate are race and war. Abortion is a discussion of human interaction where ethics, emotions, and law come together. There are people that have different views of abortion but no matter what their view is they fall under a thin line. There is the pro-choice and the pro-life. These are the only two categories that people’s views fall into. A pro-choice person would feel that the decision to abort a pregnancy is that of the mothers and the government has no right to interfere. A pro-lifer would hold that from the moment of conception, the embryo or fetus is alive. Since this embryo or fetus is alive and is a person you have no moral right to abort a life. If you aborted the life (person) you would be committing murder. The word â€Å"murder† is mainly used by pro-lifers to describe what happens when you abort an embryo/fetus. Murder means deliberate and unjustified killing of another person containing intent. How can anyone tell a woman that they can’t abort an embryo/fetus to interrupt a pregnancy if it is a result of rape or incest? A women cannot bear the thought of having a child that would be a constant reminder of what happened on such and such a day, such and such number of years ago. The mother doesn’t want to kill a baby; she wants to interrupt the growth of an embryo so that it will not become a baby. The mother interrupts potential life. If the mother aborts the embryo at a very early stage it’s not even recognizable as human and that’s why potential life is just that, potential. My personal belief is that each woman has the right to decide whether she wants to abort an unwanted pregnancy. Remember the termination of the pregnancy might have to do with the health of the mother herself, maybe the mother is unable to attend to the child’s needs after its born, resulting in child abuse and mental disease. In these situations abortion is a must in my opinion. Most abortions occur because contraception fails, because of a rape or because of a serious medical condition of the mother, which could lead to her death. In these situations abortion is often the only way that prevents the birth of an unwanted child or saves a mothers life. In the world today pregnancy often has catast... ...eering there are many pros and cons for each. What it mainly comes down to is how each individual perceives each situation of abortion and genetic engineering. If one person sees abortion as a women’s choice and can back up his views with proof that it would be better for the mother, then do not try to destroy their views. If a person sees abortion as killing a life and they want to abolish abortion, then let them have a chance to voice their opinions. Remember that it is good to have views from both sides because then people aren’t always seeing in tunnel vision. When looking at genetic engineering I hope people realize that this field of science could be very good to society and also very detrimental. So what ever our society decides to do with abortion and genetic engineering, remember the effects that could happen to the world as a whole. God gave us freedom of choice and if He, as a God, gives all of us this freedom, what right do we have to take it away from peoples opinions? Bibliography â€Å"Induced Abortion Worldwide.† Online. The Alan Guttmacher Institute. Available: http://www.agi-usa.org/pubs/ib_0399.html. May 1999. Abortion - A Freedom Of Choice Essay -- Pro Choice Pro-Choice essays r During the last twenty-five years, abortion has been one of the most heated topics being debated in the United States and Canada. The only topics that equal the abortion debate are race and war. Abortion is a discussion of human interaction where ethics, emotions, and law come together. There are people that have different views of abortion but no matter what their view is they fall under a thin line. There is the pro-choice and the pro-life. These are the only two categories that people’s views fall into. A pro-choice person would feel that the decision to abort a pregnancy is that of the mothers and the government has no right to interfere. A pro-lifer would hold that from the moment of conception, the embryo or fetus is alive. Since this embryo or fetus is alive and is a person you have no moral right to abort a life. If you aborted the life (person) you would be committing murder. The word â€Å"murder† is mainly used by pro-lifers to describe what happens when you abort an embryo/fetus. Murder means deliberate and unjustified killing of another person containing intent. How can anyone tell a woman that they can’t abort an embryo/fetus to interrupt a pregnancy if it is a result of rape or incest? A women cannot bear the thought of having a child that would be a constant reminder of what happened on such and such a day, such and such number of years ago. The mother doesn’t want to kill a baby; she wants to interrupt the growth of an embryo so that it will not become a baby. The mother interrupts potential life. If the mother aborts the embryo at a very early stage it’s not even recognizable as human and that’s why potential life is just that, potential. My personal belief is that each woman has the right to decide whether she wants to abort an unwanted pregnancy. Remember the termination of the pregnancy might have to do with the health of the mother herself, maybe the mother is unable to attend to the child’s needs after its born, resulting in child abuse and mental disease. In these situations abortion is a must in my opinion. Most abortions occur because contraception fails, because of a rape or because of a serious medical condition of the mother, which could lead to her death. In these situations abortion is often the only way that prevents the birth of an unwanted child or saves a mothers life. In the world today pregnancy often has catast... ...eering there are many pros and cons for each. What it mainly comes down to is how each individual perceives each situation of abortion and genetic engineering. If one person sees abortion as a women’s choice and can back up his views with proof that it would be better for the mother, then do not try to destroy their views. If a person sees abortion as killing a life and they want to abolish abortion, then let them have a chance to voice their opinions. Remember that it is good to have views from both sides because then people aren’t always seeing in tunnel vision. When looking at genetic engineering I hope people realize that this field of science could be very good to society and also very detrimental. So what ever our society decides to do with abortion and genetic engineering, remember the effects that could happen to the world as a whole. God gave us freedom of choice and if He, as a God, gives all of us this freedom, what right do we have to take it away from peoples opinions? Bibliography â€Å"Induced Abortion Worldwide.† Online. The Alan Guttmacher Institute. Available: http://www.agi-usa.org/pubs/ib_0399.html. May 1999.

To what extent has the European Court of Human Rights (ECHR’s) case law recognised and protected the right not to be discriminated against on the ground of sexual orientation, in relation to marriage.

Abstract There has been much discussion as to whether the ECHR’s attempts to recognise and protect the right not to be discriminated against on the ground of sexual orientation have been successful. This is because, although the UK has in recent years made positive changes towards the equality of same-sex couples, discrimination is still prevalent in many other countries. This study aims to identify the extent to which such discrimination still exists and consider how effective the ECHR has been in preserving these rights. Introduction It will be examined the extent to which the European Court of Human Rights (ECHR’s) case law has recognised and protected the right not to be discriminated against on the ground of sexual orientation. This will be examined in respect of same-sex marriages and by considering whether same-sex couples are still being discriminated against or whether the ECHR has been successful in helping to protect the interests of such couples. Various case law of the ECHR will be examined and a review of the academic literature in this area will be conducted. These will be acquired by accessing relevant text books, journal articles, online databases and governmental reports. Once all the applicable information has been gathered an appropriate conclusion will then be drawn demonstrating that the ECHR has made significant attempts to protect the rights of individuals when it comes to their sexual orientation. However, it will be demonstrated that whilst this has proven successful in the UK, othe r countries are still reluctant to employ the ECHR’s approach. Literature Review The Marriage (Same Sex Couples) Act 2013 came into force on the 13 March 2014 to legalise same sex marriages as this was previously prohibited under section 11 (c) of the Matrimonial Causes Act 1973. This prohibited led to much debate and controversy for a number of years as it was felt that same-sex couples were being discriminated against and that their right to equality, as provided for under Article 14 of the European Convention of Human Rights 1951 (ECHR), as incorporated by the Human Rights Act 1998, was being violated. This controversy occurred regardless of the fact that civil partnerships were introduced under the Civil Partnership Act 2004 since it was still being argued that same-sex couples entering into a civil partnership were not provided with the same rights and responsibilities as heterosexual couples under a civil marriage. Inequality therefore still existed as the status of marriage was not capable of being acquired by same-sex couples. This was considered highly d etrimental and it was argued by Francoz-Terminal that; â€Å"if at one time homosexuality was considered as a choice that implied no procreation, nowadays legal systems have had to face a new factual reality.†[1] This highlights the importance of equality and it seems as though there has never been more of a pressing need for the provisions contained in the ECHR to be implemented. Not all agree that same sex-couples should have been permitted to marry rather than merely enter into a civil partnership, yet because of the increasing recognition of same-sex couples in many European countries it was evident that the permitting of gay marriages have been relevant when discussing reforms in England and Wales.†[2] There was clearly a pressing need for reform in this area since the 2004 Act had proven ineffective in providing same-sex couples with equal rights to heterosexual couples when it came to marriage. Nevertheless, whilst it was argued by some that civil partnerships were simply marriages under a different name, this was not entirely true. This is because the equal rights and responsibilities that were given to heterosexual couples were not being given to same-sex couples. For example, same sex couples were not allowed to get married in a church or other religious on the basis that these types of places are prohibited from conducting civil partnership ceremonies under the law. This was considered highly unfair given that some ministers were willing to marry same-sex couples; however they were prevented doing so by law. Modern beliefs that all people should be treated equally were therefore not being ascertained and all of the traditional views of marriage were upheld. Not all agree with the new changes, however, as churches can still refuse to marry same sex-couples which leaves same-sex couples open to further discrimination.[3] Yet, it is believed that the law should not restrict a person’s choice and that churches ministers should still have the ability to choose whether or not they would like to marry same-sex couples. This provides a fairer system overall because although some churches will permit same-sex marriages whilst others will not, the fact that marriages can be conducted in churches in the first place is a major step forward.[4] The debate as to whether same-sex marriages should be permitted has been going on for some time, and the courts have attempted to protect an individual’s right not to be discriminated against on grounds of sexual orientation on marriage. In The Attorney General for Ontario v M and H[5] it was held by the court that; â€Å"provincial governments are to take legislative action to ensure that individuals in same-sex relationships are afforded equal treatment with others in marriage-like relationships.† Regardless of these views, it wasn’t until the ECHR began to recognise such rights that Parliament decided to take action. In Schalk v. Kopf v. Austria[6] it was made clear by the ECHR that; â€Å"a failure by a state to allow same-sex couples to marry amounted to a violation of the article 12 right to marry.† This decision highlighted the need to make amendments to section 11 (c) of the 1973 Act so that same-sex couples were not being discriminated against on the basis of their sexual orientation when it came to marriage. It was quite surprising when the 2013 Act was implemented given the widespread concerns that existed and as put by Norrie; â€Å"the trouble with gay and lesbian people is that they are never satisfied. Give them a crumb and they want a slice of bread. Give them a slice of bread and they want a full meal.†[7] Nevertheless, although changes were made under the 2004 Act to provide same sex couples with equal rights to heterosexual couples, the ECHR did not believe that this went far enough and still found that discrimination subsisted. It could be said that civil ceremonies were the same as marriages, yet because the nature of the ceremonies were different as well as the rights that were provided to married couples, it was clear that further changes were needed if complete equality was to be attained. It was argued by Eireann that the 2004 Act was akin to marriage in that it allowed same-sex couples to â€Å"formally declare their allegiance to each other, register their partnership and commit themselves to a range of duties and responsibilities.†[8] On the other hand, because equality of choice and opportunity was removed from same-sex couples, their rights under the ECHR were not being fully recognised[9], which is why drastic changes to the law were implemented in 2013. Whether all 47 countries will follow the ECHR’s decision in Schalk is questionable[10], given the political backlash that some countries will be subjected to. Although the ECHR is of the view that same-sex marriages should be permit ted, they are also aware of the fact that not everyone agrees with this position. As a result, they made it clear in their judgment that the choice to marry same-sex couples should still remain with the minister conducting the ceremony and that the rights of ministers should also be upheld.[11] Therefore, whilst it is important that the rights to equality are being maintained when it comes to the marriage of same-sex couples, it is also important that the rights of ministers not to be discriminated against if they choose not to marry such couples are also preserved. The ECHR has made great attempts to recognise and protect the rights of individuals not to be discriminated against on grounds of sexual orientation over the years, which is enunciated in various case law decisions. An example of this can be seen in the Niemietz v Germany[12] case where it was made clear that the right to a private life under Article 8 of the ECHR included the right to establish relationships with other human beings regardless as to whether they were of the same sex or not. Therefore, the fact that there were laws against same-sex marriages demonstrated that the right to a private life under this Article was also being violated. This was also identified in Bensaid v United Kingdom[13] where the court held that â€Å"gender identification, name and sexual orientation and sexual life† were all capable of protection under Article 8. Arguably, the ECHR has been a pioneer for same-sex relationships for some time and has clearly made significant attempts to eradicat e discrimination on the basis of sexual orientation. In Mata Estevez v Spain[14] the Court held that same-sex relationships could be protected by the right to respect for private life, although it was held that homosexual relationships could not be protected by the right to a family life. However, this has since been resolved in the Schalk case above. The Schalk case is a major development within this area of the law, yet because many states have not yet legalised the marriage of same-sex couples it is manifest that the development of this area does remain ongoing. It remains to be seen what changes, if any will be made by other Member States because although this was a positive decision inferences were not drawn by the Court. This leads to confusion as to whether puzzling all States should follow suit and as has been noted; â€Å"the door may have been unlocked but remains closed (or half open) for now?†[15] Consequently, even though same sex marriages are now being permitted in the UK, inequality will still exist by the ability for ministers to refuse to marry same-sex couples. Whether this will ever be changed is doubtful since all individuals still have the right to freedom of belief and religion under Article 9 of the ECHR. Hence, there will still be many churches that will refuse to allow such marriages to take place, yet nothing can be done to stop this as this too will result in a violation of human rights. At present an attempt to strike a balance between these competing interests has been made and it is unlikely that discrimina tion on the grounds of sexual orientation with regards to marriage will ever be fully eradicated. Still, the rights same-sex couples have to marry has increased substantially over the years, though there will continue to be different views in relation to the acceptance of such marriages by society. Every person has a right to have an opinion and by forcing ministers to conduct same-sex marriages would seriously contravene. In addition to the UK, Belgium, the Netherlands and Canada, also allow same-sex marriages to be conducted, which demonstrates the movement that is being made towards achieving greater equality across the globe. This is believed highly desirable and as noted by the court in Fourie and Another v Minister of Home Affairs and Others;[16] â€Å"the limitation of marriage to opposite sex couples was unconstitutional.† Same-sex marriages should therefore be recognised in all countries as societal views are continuously changing and same-sex couples are starting to become the â€Å"norm.† It is questionable whether this will be implemented by all and as stressed by Herring; â€Å"the tensions between the traditional family ideal of what a family should be like and the realities of family life today indicate that family law is quite different from family law 30 years ago and where family law will be in 30 years time is hard to predict.†[17] Now that same-sex couples are able to marry under the 2013 Act, such couples are now able to claim a family status. This is necessary given that there is â€Å"no institution of a de facto family† as pointed out in McD v L & Another.[1 8] It is thus in the best interests of a child to be served in a marriage-based family and because same-sex couples can adopt, it is necessary for them to be able to marry also; N and Another v Health Service Executive & Ors[19] Nevertheless, because same-sex marriages are not permitted in all countries, such as France, it cannot be said that the ECHR’s approaches have been completely successful. It was recognised by Francoz-Terminal that the emergence of same-sex families has been challenging for French Law, yet it has been said that the courts do actually seem prepared to meet these challenges.†[20] Attitudes towards same-sex marriages have changed considerably over the years and are likely to continue to do so until such marriages are considered a normal part of society. As a result, â€Å"the married family can no longer be assumed to be the near-universal institution of civil society it once was.†[21] Because of the changes that continue to be made within society, it is vital that the law is able to keep abreast with such changes which can be achieved by making sure individuals are not discriminated against on the basis of their sexual orientation. Conversely, it has been said that marriage is being undermined as a result of this,[22] yet the courts should not be able to interfere in one’s beliefs as shown in Burden and Burden v UK.[23] The right to marry is enshrined in human rights law and is thereby considered a â€Å"fundamental part of the freedom of the individual to form personal relationships according to his or her own inclination.†[24] Resultan tly, individuals should have the right to marry whoever they wish regardless as to whether they are of the same-sex or not, though it remains to be seen whether other European countries will adopt the same approach as the UK in protecting such rights. Conclusion Overall, it is evident that the ECHR has recognised the rights of same-same couples for a number of years and has made great attempts to recognise and protect the right not to be discriminated against on grounds of sexual orientation. Nevertheless, it is only recently that the UK has implemented changes to reflect the stance taken by the ECHR by enacting the Marriage (Same Sex Couples) Act 2013. This Act makes it permissible for same sex couples to marry in religious settings. Although the Civil Partnership Act 2004 was said to provide similar rights, these were not considered enough and same-sex couples were still being subject to much discrimination. Since the 2013 Act was implemented, greater equality is now capable of being attained in the UK. The ECHR in Schalk is considered a major breakthrough in this area as this decision is what sparked the introduction of the new law. Nevertheless, because not all countries have followed the same approach as the UK, the ECHR still has some way to go in attaining equality for all. This is likely to prove difficult given the divergence of opinions that exist in this area, yet because the marriage of same-sex couples is becoming the ‘norm’, it is likely that other European countries will follow suit. The fact that ministers are able to choose whether or not to conduct same-sex marriages also ensures that their rights are also being protected. This maintains a balance between the rights of individuals not to be discriminated against on grounds of sexual orientation with the rights of belief and opinion. Bibliography Books Herring, J. Family Law, Longman, 4th Edition, (2009). Lowe, N. and Douglas, G. Bromley’s Family Law, OUP Oxford, 10th Edition, (2006). Probert, R., Family Law in England and Wales, Kluwer Law International, (2011). Standley, K. Family Law, Palgrave MacMillan, 7th Edition, (2010). Troyer, L. Church in Society, Xulon Press, (2011). Journals C F Stychin, ‘Not (Quite) a Horse and Carriage: The Civil Partnership Act 2004’ (2006), Feminist Legal Studies, Springer 2006, Volume 14, Number 1, 79-86. Doughty, S., Conservative UK: Most Britons Still Oppose Gay Marriage, The Daily Mail, (2011), Available [Online] at: http://www.dailymail.co.uk/news/article-2040783/Conservative-UK-Most-Britons-oppose-gay-marriage.html Eireann, D., Parliamentary Debates, Volume 697, Number 1, (2009), Available [Online] at: http://debates.oireachtas.ie/Xml/30/DAL20091203.PDF Francoz-Terminal, L, From same-sex couples to same-sex familiesCurrent French legal issues, Child and Family Law Quarterly, Issue 4, [2009] CFLQ 485, (2009). Matheson Ormsby Prentice, Civil Partnerships and Certain Rights and Obligations of Cohabitants Act 2010, Client Update, (2010), Available [Online] at: https://marketing.mop.ie/rs/vm.ashx?ct=24F76A1FD4AE4EE0CDD881AED12B921991907ABFDA9818CF5AE175767CEAC80BDF417 Norrie, K. Two by Two, by Two, The Journal Online, The Members Magazine of the Law Society of Scotland, (18 October, 2010), Available [Online] at: http://www.journalonline.co.uk/Magazine/55-10/1008759.aspx Peroni, L., Gay Marriage: Unlocking the Door but Keeping it ClosedStrasbourg Observers, (25 June, 2010), Available [Online] at: http://strasbourgobservers.com/2010/06/25/gay-marriage-court-unlocks-the-door-but-keeps-them-closed/ Probert, R. and Barlow, A. Displacing Marriage – Diversification and Harmonisation Within Europe, Child and Family Law Quarterly, [2000] CFLQ 153, Issue 2, (01 June, 2000). Ross, T., Archbishop Attacks Cameron’s ‘Gay Marriage’ Plan, The Telegraph, (2011) Available [Online] at: http://www.telegraph.co.uk/news/uknews/8809548/Archbishop-attacks-Camerons-gay-marriage-plan.html Rothwell, R. Why Civil Partnerships for Heterosexual Couples Could be a Good Idea, The Law Society Gazette, (11 August, 2010), Available [Online] at: http://www.lawgazette.co.uk/blogs/news-blog/why-civil-partnerships-heterosexual-couples-could-be-a-good-idea Sohrab, J., Recognising Aquired Gender, New Law Journal, 154 NLJ 1018, Issue 7135, (02 July, 2004). Tatchell, P., in BBC News, Gay Church ‘Marriages’ Set to Get the Go-Ahead, BBC, (14 February, 2011), Available [Online] at: http://www.bbc.co.uk/news/uk-12442375 The Office for National Statistics, Marriages, (February 11, 2010), Available [Online] at: http://www.statistics.gov.uk/cci/nugget.asp?id=322 Wintemute, R. Consensus is the Right Approach for the European Court of Human Rights, The Guardian, (12 August, 2010), Available [Online] at: http://www.guardian.co.uk/law/2010/aug/12/european-court-human-rights-consensus Cases Bensaid v United Kingdom (2001) 33 EHRR 205 Burden and Burden v UK [2008] All ER (D) 391, Application No 13378/05; (2008) 47 EHRR 857 Fourie and Another v Minister of Home Affairs and Others Application No. 56501/00, 10 May 2001 Niemietz v Germany (1992) 16 EHRR 97 Mata Estevez v Spain Application No. 56501/00, 10 May 2001 McD v L & Another [2009] IESC 81 N and Another v Health Service Executive & Ors [2006] I.E.S.C. 60 Schalk v. Kopf v. Austria [2010] ECHR 30141/04 (25 June 2010) The Attorney General for Ontario v M and H [1999] 2 SCR 3

Francois Roys Diversity Plan for Peoples Bank for Quebec

Francois Roys Diversity Plan for PBQ Francois had been director of the Peoples Bank for Quebec (PBQ) for little more than a year when she undertook an ambitious project which entailed increasing the diversity in the workplace and eliminating existent prejudice. The Human Rights Committee had approved of her intentions and Francois now has to draft a workforce diversity action plan. The plan that she drafted follows five stages each of which has its strengths and weaknesses. The essay will explore each of these in turn. Francois Plan Stage 1 Set Rules and Practices which promote Diversity This first phase involved designing and implementing a global equity policy as well as designing and implementing an anti-harassment policy which protects members of diversity groups. Francois also intended to design and implement a staffing policy and train managers on the requirement of the Employment Equity Act. This is one of the most important characteristics since minorities are particularly sensitive to discrimination and harassment (Cox, 1994). A workplace that practices and demonstrates equal rights treatment will gain a reputation for being fair and honest and will have greater chance of attracting a diverse workforce than one that is not. Finally, Francois intended to implement a reward program that would provide incentives to managers to adopt the system. Firstly, Francois is correct in aiming for greater diversity. Drawing on consistent research,(Shen et al., 2009),