Session 4: Ethics Authors: Anna Schwab, UNC-CH Timothy

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Session 4: Ethics Authors: Anna Schwab, UNC-CH Timothy

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Title: Session 4: Ethics Authors: Anna Schwab, UNC-CH Timothy


1
Session 4 EthicsAuthors Anna Schwab,
UNC-CHTimothy Beatley, UVA
2
Session Objectives
  • 4.1 Define the term ethics and discuss the
    various typologies within ethical philosophy.
  • 4.2. Identify some plausible ethical quandaries
    that may confront emergency managers in the
    catastrophe setting discuss the relevance of
    applied ethics to catastrophe response actions
    as well as planning and policy-formation.
  • 4. 3. Discuss the concept of professional ethics
    and the application of codes of conduct to
    catastrophe readiness and response.
  • (Continue)

3
Session Objectives (continued)
  • 4.4. Discuss the relationship between ethics and
    law identify specific areas of the law that
    impact catastrophe readiness and response,
    including rights guaranteed under the US
    Constitution, statutory laws governing
    vulnerable populations, and international human
    rights laws.
  • 4.5 Define the moral community discuss to what
    degree an ethical duty is owed to that community
    during planning for catastrophe readiness and
    response. Consider the needs of the socially
    vulnerable, and how addressing those needs may
    reduce the severity of a catastrophic event.

4
What Do Ethics Mean to You?
  • Sociologist Raymond Baumhart elicited the
    following responses to this question from a group
    of business people
  • Ethics has to do with what my feelings tell me
    is right or wrong.
  • Ethics has to do with my religious beliefs.
  • Being ethical is doing what the law requires.
  • Ethics consists of the standards of behavior our
    society accepts.
  • I dont know what the word means.

5
Sources of Ethical Thinking
  • Religion and Religious Texts/Tradition
  • Biology/Evolutionary Needs
  • Intuition
  • Ethical Theories/Arguments/Thought Exercises
  • Constitutions/Legal Doctrines
  • Rationality

6
Ethics Definitions
  • As an Academic Discipline
  • The branch of philosophy that deals with the
    general nature of good and bad and the specific
    moral obligations of and choices to be made by
    the individual in his relationship with others.
    (American Heritage Dictionary).
  • As Applied
  • Ethics refers to standards of conduct, standards
    that indicate how one should behave based on
    moral duties and virtues, which themselves are
    derived from principles of right and wrong.
    (Josephson Institute on Ethics)
  • Professional Ethics
  • The rules or standards governing conduct, esp.
    of the members of a profession. (American
    Heritage Dictionary)

7
Ethics Typologies
  • Teleological Ethics (Utilitarianism)
  • The rightness or wrongness of an action or policy
    is assessed by its consequences, specifically by
    looking at the comparative balance of positive
    versus negative results.
  • Example
  • Cost-Benefit Analysis
  • Deontological Ethics (Duty-Based)
  • There is an inherent rightness or wrongness to an
    action or choice, regardless of the outcome or
    consequence. Certain obligations are considered
    an ethical duty, and should not be subject to
    utilitarian reasoning.
  • Examples
  • Duty for dutys sake
  • Virtue is its own reward
  • Let justice reign

8
Teleological/Utilitarian Perspectives
  • Maximizing welfare/Utility as the ultimate goal
  • Market values on land and environment are
    paramount
  • Price as the common metric highest and best
    economic use
  • Value determined through personal preferences and
    casting of dollar votes
  • Benefit-cost analysis/contingent valuation
  • Present discounting

9
Deontological Perspectives
  • Individual rights and respect for personal
    autonomy
  • Culpability and prevention of harm
  • Social justice and equity
  • Duties to future generations
  • Duties to keep promises
  • Duties to larger geographic publics and
    communities

10
Ethical Quandaries in Catastrophe Planning
Response
  • How do we ethically determine allocation
    distribution of benefits burdens?
  • How to determine the fairness of unintended
    consequences?
  • Public participation/affected individuals
  • Determining roles of responsibility/duty
  • Limits on duty for self preservation?
  • Private responsibilities vs. public duties
  • (Continue)

11
Ethical Quandaries in Catastrophe Planning
Response(continued)
  • To whom is a duty owed?
  • How do we enforce limitations on individual
    rights?
  • Curfew quarantine evacuation?
  • What duty of communication/warning is owed the
    public?
  • What is the duty of the media in disseminating
    messages about risk?

12
Applied Ethics
  • How a moral outcome can be achieved in specific
    situations

13
5 Approaches to Moral Issues
  • The Utilitarian Approach
  • Identify courses of action
  • Ask who will be affected
  • Choose the action with greatest benefit and least
    harm
  • The Rights Approach
  • Does the action respect the moral rights of
    everyone?
  • The Fairness or Justice Approach
  • How fair is the action?
  • Does it show favoritism or discrimination?
  • (Continued)

14
5 Approaches to Moral Issues(continued)
  • The Common-Good Approach
  • Are policies, systems, institutions and
    environments beneficial to all?
  • Does the action respect individual freedom while
    furthering common goals?
  • The Virtue Approach
  • Development of individual character traits
  • Cultivating particular virtues might contribute
    to catastrophe response activities
  • Sharing
  • Generosity
  • Cooperation
  • (Continued)

15
Applying Ethics During Catastrophe Response
  • A pre-determined framework for ethical
    decision-making is essential for optimal outcome
    during catastrophe response.

16
Triage
  • Triage is a system for making real-time decisions
    by prioritizing needed actions based on available
    resources, manpower, etc. during crisis
    conditions.
  • Battlefield Triage
  • Medical Triage
  • Mass Casualty Events (MSE)
  • Legal Triage
  • Response Triage

17
Principles for Planning and Policy Formation
  • Fairness and Equity
  • Openness and Transparency
  • Reciprocity
  • Proportionality
  • Flexibility
  • Evidence-Based
  • Respect Community Norms

18
Professional Ethics
  • The moral code which guides the members of the
    profession in the proper conduct of their duties
    and obligations.

19
Professional Ethics for Emergency Managers
  • The Code of Ethics of the International
    Association of Emergency Managers (IAEM) states
    support for the following Core Values
  • Respect
  • Commitment
  • Professionalism

20
Professional Codes of Ethics
  • Doctors/Nurses/Medical Clinicians
  • Public Health Workers
  • First Responders/Emergency Medical Technicians
  • Architects
  • Engineers
  • Planners
  • Building Inspectors
  • Insurance Agents
  • Vendors/Suppliers
  • Volunteer Relief Organizations
  • Scientific Researchers
  • Others?

21
The Extent of Professional Duty
  • Medical, emergency response, public health, and
    other professionals frequently confront danger
    when carrying out the responsibilities of their
    respective jobs.
  • When duty conflicts with responsibility to
    oneself, many codes of professional conduct guide
    professionals to limit risk to personal safety
    and to protect individual integrity.

22
The Good Samaritan Doctrine
  • One who sees a person in imminent and serious
    peril through negligence of another cannot be
    charged with contributory negligence, as a matter
    of law, in risking his own life or serious injury
    in attempting to effect a rescue, provided the
    attempt is not recklessly or rashly made. Under
    this doctrine, negligence of a volunteer rescuer
    must worsen the position of the person in
    distress before liability will be imposed.
  • Blacks Law Dictionary

23
Professional Codes The Role of the Media in
Catastrophe Readiness Response
  • Society of Professional Journalists Code of
    Ethics
  • Professional integrity is the cornerstone of a
    journalists credibility.
  • Principles of Journalism
  • Seek the truth and report it
  • Minimize harm
  • Act independently
  • Be accountable (continue)

24
The Role of the Media in Catastrophe Readiness
Response (continued)
  • Crisis Communication
  • Without doubt, passing on warnings is the
    clearest, most consistent role of mass media in
    disaster. (Quarantelli)
  • Perpetuating Disaster Myths
  • The media has allegedly perpetuated many myths of
    disaster
  • People panic act irrationally/are paralyzed
    with fear
  • Truth most victims are NOT dazed confused but
    help in initial search and rescue
  • Rampant crime, looting, violence always occurs
  • Truth crime rates often FALL in immediate
    aftermath

25
Ethics Law
  • That which is legal is not necessary ethical, and
    vice versa
  • Emergency managers must look to the law, but
    legal guidance does not address every difficulty
  • Potential catastrophe situations may not be
    addressed by statute or case law
  • Wide variation in state statutes that do exist
  • Laws can be ambiguous and broad, or too narrow
  • The law does not address the breadth of ethical
    imperatives in emergency response
  • The law itself may not reflect ethical behavior

26
Constitutional Rights
  • Rights protected by the US Constitution are NOT
    suspended during times of crisis!
  • Right to Due Process 14th Amendment
  • Fairness
  • Procedural Due Process all legal proceedings
    must be fair, with notice and an opportunity to
    be heard before the government may impinge on
    basic liberties
  • Substantive Due Process no law may be
    unreasonable, arbitrary or capricious
  • Right to Equal Protection 14th Amendment
  • No State shall deny to any person within its
    jurisdiction the equal protection of the laws
  • Prohibits race-based and other forms of
    discrimination
  • (continue)

27
Constitutional Rights(continued)
  • Rights protected by the US Constitution are NOT
    suspended during times of crisis!
  • Cruel Unusual Punishment 8th Amendment
  • Governs treatment of incarcerated individuals
  • Habeas Corpus Article 1, Section 9
  • The privilege of the writ of habeas corpus shall
    not be suspended, unless when in cases of
    rebellion or invasion the public safety may
    require it.
  • Latin for You have the body
  • Writ (legal action) directed to person detaining
    another to bring the prisoner before a court or
    judge
  • Tests the legality of the imprisonment, not the
    guilt or innocence of the prisoner

28
Civil Rights Laws
  • Persons in the United States shall not be denied
    the benefits of, excluded from participation in,
    or subject to discrimination under
    federally-funded programs or activities on the
    basis of race, color, national origin, disability
    or age
  • Title VI of the Civil Rights Act of 1964
  • Americans with Disabilities Act
  • Rehabilitation Act
  • Age Discrimination Act

29
Executive Ordersto protect vulnerable populations
  • EO 13166 LEP
  • Federal programs must account for populations
    with limited English proficiency (LEP)
  • EO 12898 Environment Justice
  • Federal actions must be evaluated for
    disproportionately high and adverse effects on
    minority or low-income populations and to avoid
    disproportionate impacts where possible
  • EO 13347 Individuals with Disabilities in
    Emergency Preparedness
  • Promotes consideration of the safety and security
    of the disabled during emergencies

30
International Human Rights Law
  • International laws protect basic human rights in
    times of natural disaster
  • International Universal Declaration of Human
    Rights
  • International Covenant on Civil and Political
    Rights
  • International Covenant on Economic, Social, and
    Cultural Rights
  • Convention on the Elimination of all Forms of
    Discrimination Against Women
  • Convention on the Rights of the Child

31
International Human Rights Laws(continued)
  • Other International Policies and Standards
  • Sphere Humanitarian Charter and Minimum Standards
    in Disaster Response
  • UN Inter-Agency Standing Committee Internally
    Displaced Persons Policy
  • Code of Conduct for the International Red Cross
    and Red Crescent Movement and NGOS in Disaster
    Relief

32
Human Rights of Disaster Victims
  • Minimum Standards in Disaster Response (the
    Sphere Project)
  • The Right to Water
  • The Right to Food
  • The Right to Shelter
  • The Right to Health

33
Dimensions of the Moral Community
  • Biological Dimension
  • People, animals, other living things?
  • Temporal Dimension
  • Protection of future generations?
  • Geographical Dimension
  • International disaster relief?
  • US Aid to foreign nations?

34
Our Moral CommunityFocus on Vulnerable
Populations
  • Myth Disasters kill people without respect for
    social class or economic status
  • Reality The poor and marginalized are much more
    at risk of death than are rich people or the
    middle class
  • (Alexander)

35
Factors Increasing Social Vulnerability

36
Social Inequity From Disaster to Catastrophe
  • Population security is essential for a society
    that is fully prepared to withstand disaster and
    is able to bounce back after disaster strikes.
  • Existing social inequities make our population
    more vulnerable to disaster impacts, thereby
    creating conditions that allow disaster to morph
    into catastrophe.

37
Population Security
  • Many social and economic factors make the
    population more resilient
  • Housing security
  • Food security
  • Health security
  • Access to education
  • Access to credit
  • Job security
  • Participation in the democratic process
  • Etc.

38
Summary
  • The ethical dimension of catastrophe readiness
    and response is complicated and draws guidance
    from many sources.
  • Catastrophes are more likely than many other
    events to present ethical dilemmas.
  • There are numerous laws, covenants, codes and
    agreements that establish human rights regardless
    of the scenario.

39
Summary(continued)
  • Emergency managers need to be aware of ethical
    underpinnings of all decisions they make on
    behalf of the public.
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