constitutional rights within disaster policies

Constitutional Rights Within Disaster Policy:

Constitutional Rights Within Disaster Policy Corey Johnson PAD4391 15 March 2011

Introduction to Constitutional Rights in Disaster Policies:

Introduction to Constitutional Rights in Disaster Policies Governments and other agencies need to be ready to react when major disasters strike. They must be able to adapt to situations quickly and ensure that the public is receiving the aid they need, while maintaining the rights and liberties found within the Constitution. Governments must also be prepared to respond to judicial and legal problems that might arise in times of crisis following a major disaster.

Problems Concerning Constitutional Rights in Disaster Situations:

Problems Concerning Constitutional Rights in Disaster Situations

Problems Concerning Constitutional Rights in Disaster Situations:

Problems Concerning Constitutional Rights in Disaster Situations When disasters occur, huge pressure is placed on the legal system. Two Major disasters that highlighted glaring issues in upholding the Constitution during relief and recovery are: Attacks of September 11 th , 2001 Loss of Documents Law Enforcement Hurricane Katrina Distribution of Aid Criminal Activity

Constitutional Rights Within Disaster Policy:

Constitutional Rights Within Disaster Policy American Bar Association Rule of Law in Time of Major Disaster Set of Principles that guarantee Constitutional rights in time of disaster Inter-Agency Standing Committee (IASC) Operational Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disaster Rights based approach to relief in times of disaster Helps personnel understand human rights aspect of relief and recovery

American Bar Association :

American Bar Association Rule of Law in Times of Major Disaster The Attacks of 9/11 and the disaster on the Gulf Coast in 2005 caused by Katrina provoked the ABA to outline a set of principles that ensure constitutional rights in times of disaster The main goals of the principles is to guarantee that justice will be kept , even in dire disaster situations.

American Bar Association :

American Bar Association Rule of Law in Times of Major Disaster Principle 4 In times of major disaster the requirements of the Constitution must be respected, specifically in criminal prosecutions The following points are highlighted in this principle Major disasters do not abolish the rights of the Constitution Public authorities must plan for major disasters Authorities must continue to process criminals Courts must still be operating Criminal facilities must be maintained, ensuring safety of inmates and the general public Deviation only allowed if martial law enacted

American Bar Association :

American Bar Association Rule of Law in Times of Major Disaster (continued) Principle 10 Every level of government, along with the private sector, should work together to plan, prepare and train for major disasters. Focus on: Preserving Order protect vulnerable populations insure adequate communications assure continuity of operations of business and government.

IASC :

IASC Operational Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disaster Disasters don’t just strike us here in America. Every years, millions of people are affected by major disasters. The IASC is striving to guarantee that all human rights be protected, not just here, but worldwide. This field guide serves as a framework for rights protection. Through mitigation, and prior planning, as well as post disaster recovery efforts, it is clear that the IASC’s main objective is ensuring the safety of human life, and that all affected are guaranteed the basic necessities of life by their governing body.

IASC:

IASC Operational Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disaster (continued) The IASC field guide lays out simple principles which it feels necessary in times of disaster: People affected by natural disasters should receive the same rights as everyone else, and should not be discriminated against. It is the primary duty of the State to provide assistance where needed Those affected by the disaster have the right to information that is needed to manage their own affairs safely. These basic guidelines are trying to ensure the proper implementation of policy and international instruments to protect human rights.

References:

References American Bar Association Rule of Law in Times of Major Disaster (August 2007) http://www.americanbar.org/content/dam/aba/migrated/2011_build/litigation/rol_disaster.authcheckdam.pdf IASC Operational Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disaster (March 2008) http://www.reliefweb.int/rw/lib.nsf/db900sid/KHII- 7EE9KM/$file/brookings_HR_mar08.pdf?openelement