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

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Session 4 EthicsAuthors Anna Schwab,
UNC-CHTimothy Beatley, UVA
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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)

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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.

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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.

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Sources of Ethical Thinking

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

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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)

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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

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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

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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

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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)

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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?

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Applied Ethics

• How a moral outcome can be achieved in specific
  situations

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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)

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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)

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Applying Ethics During Catastrophe Response

• A pre-determined framework for ethical
  decision-making is essential for optimal outcome
  during catastrophe response.

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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

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Principles for Planning and Policy Formation

• Fairness and Equity
• Openness and Transparency
• Reciprocity
• Proportionality
• Flexibility
• Evidence-Based
• Respect Community Norms

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Professional Ethics

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

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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

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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?

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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.

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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

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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)

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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?

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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)

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Factors Increasing Social Vulnerability

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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.

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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.

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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.

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Summary(continued)

• Emergency managers need to be aware of ethical
  underpinnings of all decisions they make on
  behalf of the public.