What is harm? Dismantling the concept, and applying it to genital mutilation of all kinds.
Talk in 14th Symposium of Genital Autonomy in Keele University, Staffordshire, UK, in September 2016.
1. Seksuaalisuuden ja ihmissuhteiden asiantuntija - jo vuodesta 1969
Professional Ethics
in Health Care
What is harm? Dismantling the concept.
Tommi Paalanen
Philosopher & Ethicist
Executive Director
2. MA, Doctor of Social Sciences, Philosopher, Ethicist
Authorised Sexuality Educator and Sexual Health Promoter (NACS)
Executive Director
Sexpo Foundation
Chair, Committee of Sexual Ethics
Finnish Association for Sexology
Member, Advisory Committee
Co-Chair, Sexual Rights Committee
World Association for Sexual Health
Tommi Paalanen 25.8.2016
Who?
3. Function
Why does this profession exist?
What are the goals of this profession?
Why is this profession important or necessary?
Praxis
How will the goals be achieved?
What works best?
Professionality
Who are the right people for the job?
What kind of qualities, skills and virtues are needed?
Fundamental questions
Tommi Paalanen 25.8.2016
4. Furthering the goals effectively
Avoiding adverse effects
Professional ethics
System defining ethical duties of a professional
Safeguarding the rights of clients
Setting ideals and virtues aiming at best practice
Enabling and encouraging ethical discourse
Ethical duties
Tommi Paalanen 25.8.2016
5. Freedom
An individual has the right to direct one’s own life
All interventions against freedom must be justified
Harm principle
Interventions are justified only when one’s actions harm other
people
E.g. it is justified to use criminal law to prohibit actions and
practices that harm other people
Prohibition of harming
Tommi Paalanen 25.8.2016
6. Varieties of damage
E.g. physical, psychological, economical, environmental
Elevated risks
Limitations to freedom
Cultural damage
Definition by Joel Feinberg
Harming is wrongfully setting back one's interests
What is harm?
Tommi Paalanen 25.8.2016
7. Interests are non-transferable
Hierarchy
First order and second order interests
Second order interests are personal preferences
Priority of vital interests
Basic requirements for meaningful life
E.g. ability to function, basic freedoms, stability
Interests
Tommi Paalanen 25.8.2016
8. Wrongfully = without valid ethical justification
Valid justification for actions causing damage
Fair and impartial rules
Informed consent
Claiming own rights
Soft paternalism: protecting vital interests
Wrongness
Tommi Paalanen 25.8.2016
9. Voluntary informed consent requires:
1 Validity
Consent must be expressed before or during activity
Consent can be expressed vocally or by actions
2 Voluntarity
Consent can’t be acquired by violence, coercion or deception
Consent may always be revoked
3 Adequate information
Consent requires adequate information and understanding
This requirement must be reasonable
4 Absence of oppressive power relations
Consent separates right from wrong
Tommi Paalanen 25.8.2016
10. Ethics cannot be based on…
… laws or prevailing practices (legalism)
… traditions or social norms (conservatism)
… personal beliefs or sensibilities (subjectivism)
… authority or social position (authoritarianism)
… ideals or ideologies (moralism)
What is it not? – Common fallacies
Tommi Paalanen 25.8.2016