Preparing for Disaster: Protecting the Most Vulnerable in Emergencies
Preparing for Disaster: Protecting the Most Vulnerable in Emergencies ∗ Sharona Hoffman Many federal, state, local, and private entities are investing significant resources in disaster readiness initiatives. Often disregarded in these initiatives, however, are the special needs of vulnerable populations during disasters. In the context of emergencies, vulnerable groups may include individuals with disabilities, pregnant women, children, elderly persons, prisoners, certain members of ethnic minorities, people with language barriers, and the impoverished. The fate of the disadvantaged during disasters has received little attention in the legal literature, and this Article begins to fill that gap. Through an examination of normative distributive justice arguments, existing federal and state civil rights provisions, and emergency response laws, it argues that existing legal and ethical frameworks entitle vulnerable populations to significant protection. It also, however, highlights the shortcomings of the current statutory scheme as it relates to the needs of the disadvantaged during disasters and urges legislators to supplement these laws with additional requirements. Moreover, the Article argues that for vulnerable populations, successful disaster response is dependent upon careful planning. With this in mind, the Article develops a proposal for statutory provisions that will mandate adequate preparation to safeguard the welfare of the vulnerable in emergencies. ∗ Senior Associate Dean for Academic Affairs, Co-Director of Law-Medicine Center, Professor of Law, and Professor of Bioethics, Case Western Reserve University School of Law; Member, The Center for Child Health and Policy at Rainbow Babies & Children’s Hospital, Cleveland, Ohio. B.A., Wellesley College; J.D., Harvard Law School; LL.M. in Health Law, University of Houston Law Center.
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