Constitutional Rights within Disaster Policy PAD 4931 FALL 2011
Constitutional Rights Within Disaster Policies 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 SituationsProblems concerning constitutional rights in DisasterSituations when disasters occur, huge pressure is placed onthe legal system. Two Major disasters that highlighted glaringissues in upholding the Constitution during relief andrecovery are: Attacks of September 11th , 2001 Loss ofDocuments Law Enforcement Hurricane Katrina Distributionof 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. These Constitution are 1st, 2nd ,3rd ,4th ,5th,6th, 14th.
constitution 1st Freedom of Speech, Press, Religion and Petition 2nd Right to keep and bear arms 3rd Conditions for quarters of soldiers 4th Right of search and seizure regulated 5th Provisions concerning prosecution 6th Right to a speedy trial, witnesses, etc. 14th Citizenship Rights
Human Rights and Disaster Relief Human Rights and Disaster Relief Individuals in both the United States and abroad are guaranteed certain human rights through international law and policy. There must be an awareness that individuals do not live in a legal vacuum, but in countries with laws, rules and institutions that should protect their right in time of disaster’s.
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.
Operational Guidelines and Field Manual Mitigation, and prior planning, as well as post disaster recovery efforts, 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.
Conclusion 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. The basic guidelines are 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