Parent planning – we should be allowed to choose our children’s sex

Parent planning – we should be allowed to choose our children’s sex
Opinion + AnalysisHealth + WellbeingRelationshipsScience + Technology
BY Julian Savulescu The Ethics Centre 16 SEP 2015
In 2015, The National Health and Medical Research Council was accepting public submissions regarding sex selection in IVF procedures. It has previously prohibited non-medical sex selection.
This is one of two responses we’ve published on our website. Don’t agree with Julian? Check out Tamara Kayali Browne‘s piece, which argues that IVF sex selection is unethical.
Current NHMRC guidelines prohibit non-medical sex selection by any means. Victoria, Western Australia and South Australia have specifically legislated to ban sex selection using assisted reproduction.
The guidelines are now under review, providing the Australian public, the NHMRC and professionals an opportunity to re-examine their opposition to sex selection.
Opposition to the legalisation of non-medical sex selection illustrates a misunderstanding of the role of law in civil society. If A wants to do X, and B wants to assist A to do X for a price, the sole ground for interfering in their freedom is they will harm someone. Moral disapproval is not a ground for a legal ban.
Who would be harmed by allowing sex selection?
The most obvious candidate is the child. Call him John. The basis of most legislation in assisted reproduction is that the best interests of the child must be paramount. However, it is not against the interests of John to be conceived by sex selection. Indeed, if IVF and sex selection were not performed, John would not exist. John owes his very existence to the act of sex selection.
There is another kind of harm often invoked in these kinds of debates – a moral harm. John is being used as a means to his parents’ ends of having a child whom they have stereotyped goals for. John is being used as an instrument.
People intuitively believe that children should be “gifts”, not valued for particular characteristics, such as sex, intelligence or athletic ability. We ought to give them their own opportunity to make their own life. That is, they should have a right to an open future.
Enter Immanuel Kant
Such objections are best expressed by German philosopher Immanuel Kant, who said people should always be treated as an end, and never a means.
But what Kant actually said is never treat people merely or solely as a means. We treat people as a means all the time – shopkeepers, salesmen, repair people and doctors. We respect adults by obtaining their consent to treat them as a means.
It is not possible to obtain consent from children – particularly not regarding their creation. What then does it mean to treat a child merely as a means?
People have children for all sorts of reasons – to be a sibling, to hold a marriage together, to care for parents, to be a companion, to realise the parent’s dreams, to take over the family business or to be king of England. Ethically, these reasons aren’t important. What matters is how well they treat their child once it is born, whether male, female, disabled, tall, short, come what may.
Something like this kind of “instrumentalisation” objection might be behind the NHMRC’s policy:
A conditional life
The Australian Health Ethics Committee believes that admission to life should not be conditional upon a child being a particular sex.
Equality of all people should not be conditional upon any characteristic, such as their sex. But there is a distinction between continued existence and coming into existence. Continued existence should not be conditional on sex.
It might be thought the same follows for admission to life. But the NHMRC does allow medically motivated sex selection to guard against certain diseases and disabilities. This suggests admission to existence can be “conditional” upon being healthy and non-disabled.
What “conditional” means here is “based on reasons”. One can have children for reasons, such as being of certain sex, having certain abilities, being healthy or not disabled. As long as one loves the child, gives the child an open future and good life, having reasons to have that child is perfectly ethically acceptable.
For example, a father wants to have a son to take to football matches. He therefore moulds the child to his needs by sex selecting. He can still treat the child, once born, as an end by respecting the child’s own decision to pursue an interest in music instead.
Harmful sexist stereotypes
The final alleged harm is to society, either by reinforcing sexist stereotypes or disturbing the sex ratio. In some parts of India and China, there are six males to five females.
Such harms could be real and might be a legitimate basis for interfering in liberty. But another basic principle is that the least liberty-restricting (least coercive) means should be adopted to prevent harm.
The present ban on non-medical sex selection is very wide-ranging and coercive. Are there less coercive means that would allow some sex selection but not reinforce sexist stereotypes and disturb the sex ratio? There are at least three better policies:
- Sex selection only in favour of girls.
- Sex selection for family balancing. That is, sex selection for the second or third child, when the existing children are all of one sex and the preference is for the opposite sex. In Australia, this is the most common reason for sex selection and a little more than 50 percent select girls.
- Incidental sex selection. A couple having IVF and genetic diagnosis for infertility and screening of disorders, could be allowed to express a preference over the healthy embryos, at the discretion of their doctors.
Each of these strategies is less liberty-restricting and would protect the public interest.
There are no good grounds for the blanket ban on sex selection. Sex selection does not harm the child and any collateral harm (due to discrimination) can be controlled in better ways. A blanket ban is unethical, excessively restricting procreative liberty.
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BY Julian Savulescu
Julian Savulescu holds the Uehiro Chair in Practical Ethics and is Director of the Centre for Practical Ethics at the University of Oxford. He also directs the Oxford Centre for Neuroethics and the Institute for Science and Ethics. He is Editor of the Journal of Medical Ethics.

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How we should treat refugees

How we should treat refugees
Opinion + AnalysisPolitics + Human Rights
BY Simon Longstaff The Ethics Centre 10 SEP 2015
It may seem harsh to question the heartfelt public response to the image of toddler Aylan Kurdi lying dead on a Turkish beach. However, the motivating force of compassion can easily be reduced to futile gestures, unless it is spliced onto a set of actionable principles that will endure beyond the first wave of sympathy.
Then prime minister Tony Abbott’s 2015 announcement that Australia would permanently resettle an additional 12,000 Syrian refugees was a significant response to the mass exodus of asylum seekers. But we should assess the quality of Australia’s offer against a solid foundation of principles.
In this case, those principles are the institution of sanctuary or, in its modern guise, asylum. Using this approach, I would suggest that asylum is fundamentally about the public and personal good of human safety. As such:
- Those who meet the objective condition of fleeing from persecution and oppression, whether arising in conditions of peace or war, are entitled to seek asylum. Their claims for asylum may never be deemed as ‘unlawful’ or ‘illegal’. To apply these labels to such people is wrong and involves a profound misunderstanding of the law.
- The ways in which people seek asylum may, in some circumstances, be illegal. However, that does not make the asylum seekers themselves ‘illegal’. This focus on legality is a relatively new concern. At the height of the Cold War, the representatives of the liberal democracies weren’t heard to condemn defectors and asylum seekers for breaching borders as they escaped from behind the Iron Curtain. But, moving on…
- Those who have the capacity to offer asylum are obliged to do so when a bona fide request is made. Asylum is an offer of safety (not a promise of prosperity). Nearly everything hangs on the obligation to keep an asylum seeker safe. This is central to the criticism of the conditions under which the Australian government holds people arriving irregularly by boat. To subject an asylum seeker to indefinite detention in conditions like those on Manus Island and Nauru clearly fails this minimal test. The evidence of mental illness and physical abuse suffered by those held in such places makes this clear.
- Not everyone claiming asylum is a bona fide refugee. Some people making such a claim may merely be seeking a more prosperous future. There is no duty to offer asylum to such people. However, given our inability (at least on the high seas) to distinguish between those who are entitled to asylum and those who are not, we should give all the benefit of the doubt. To accept an illegitimate claimant is a lesser evil than it would be to deny asylum to a person with a legitimate claim.
- Finally, the compassionate urge to avoid preventable deaths among those seeking asylum (for example, at sea) is a worthy one and should not be mocked nor denied. That said, the means employed to achieve this end should be consistent with the other principles outlined above.
What effect might these principles have if applied to the tsunami of refugees seeking sanctuary in Europe? Our starting point must be the distinctive nature of the cause of the great displacement.
Abbott labelled Daesh (ISIS) a ‘death cult’ and compared it to the Nazis. Australian Defence Force personnel were posted in Iraq at the request of the Iraqi government to degrade and destroy this pernicious power. We know Daesh was not constrained by established international borders and their actions in one place (Iraq) generated effects not just there but also in the murderous conflict in Syria. So, under any reasonable test, those fleeing from this conflict were refugees and their claims for asylum were lawful and legitimate.
Moreover, as a country that was directly involved in the conflict in Iraq and Syria, Australia could be said to have a particular obligation to these refugees, as their plight was an unintended consequence of our conduct. Given this, a marginal response would be inadequate.
The mayhem was indifferent to the religion, ethnicity, nationality, age or gender of its victims. And so should we be. Any attempt to define a ‘preferred cohort’ of refugees who might receive the benefit of Australian sanctuary would have to be specifically justified – and I doubt that could be done without inviting criticism that our aid is sectarian or self-serving.
We should ensure that the refugees’ passage to Australia is safe. Instead of stopping the boats we might, perhaps, send them.
In an ideal world, Australia would already have developed a comprehensive regional solution based, in part, on mutual interests, shared ethical obligations and a willingness to do our fair share of the ‘heavy lifting’. We might then have led an effort to bring many more people from Europe to the relative safety of our region.
Given our obligation to offer asylum to those whose objective circumstances give rise to a legitimate claim, and given the vast size of the problem we’re involved with, Australia should be generous in its offer of refuge – if only by adopting special measures to increase our humanitarian intake well beyond the current cap. That is the general principle against which the number ‘12,000’ needs to be evaluated.
Finally, we should ensure that the refugees’ passage to Australia is safe. Instead of stopping the boats we might, perhaps, send them.
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After studying law in Sydney and teaching in Tasmania, Simon pursued postgraduate studies in philosophy as a Member of Magdalene College, Cambridge. In 1991, Simon commenced his work as the first Executive Director of The Ethics Centre. In 2013, he was made an officer of the Order of Australia (AO) for “distinguished service to the community through the promotion of ethical standards in governance and business, to improving corporate responsibility, and to philosophy.”

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Flaky arguments for shark culling lack bite

Flaky arguments for shark culling lack bite
Opinion + AnalysisClimate + Environment
BY Clive Phillips The Ethics Centre 10 SEP 2015
Culling sharks is unnecessarily harmful, disproportionate and will do little to protect humans.
The question of whether we should protect humans by culling sharks is not new. There are many parallels to the problems posed by land-based apex predators such as lions and tigers. The solutions we have adopted on land – including widespread culling – are unlikely to be either ethical or effective in dealing with shark attacks.
We must consider whether sharks offer humans indirect benefits. For example, sharks help control the seal population, which eats the fish we rely on for food and trade. Last winter, fishermen called for seal culls in South Australia because of the healthy fur seal population there.
People enjoy observing sharks in the ocean either directly through “shark tourism” or on TV. Discovery Channel’s “Shark Week” has become a cultural phenomenon in many nations. Apex predators hold a certain fascination – we marvel at their control of their territory. The awe we feel when viewing sharks is itself an indirect, unquantifiable benefit.
Even if these indirect benefits did not outweigh the risks to swimmers and surfers, this alone would not justify culling. We would have to consider whether the harms involved in controlling sharks are greater than the harms shark attacks cause to humans.
The numbers of sharks we would need to control for effective protection far exceeds the number of humans who benefit from controlling shark populations. Less aggressive forms of land-based controls for apex predators – for example, excluding lions from agricultural areas – are unlikely to work in the marine environment.
The numbers of sharks we would need to control for effective protection far exceeds the number of humans who benefit from controlling shark populations.
The practical outcome of this means many more sharks are killed than humans. In Queensland alone, about 700 sharks die per year in the culling program. By comparison, only one human has been killed – in an unbaited region.
In addition, baiting – a key tactic in the culling process – generates unintended harms such as “bycatching”. Baiting works on more than just sharks. It also lures turtles, whales and dolphins, which pose no threat to anyone. They are collateral damage in the war against sharks.
Netting beaches has been presented as a viable alternative to culling but here too there is risk of bycatch. Furthermore, netting leaves sharks to suffer and die slowly, giving rise to another raft of ethical concerns.
If culling is to be justifiable we need to consider the steps being taken to minimise shark suffering. Sharks captured on baited hooks suffer extensively, even when patrols detect and shoot injured sharks.
Let us suppose we could eventually devise ways of effectively stopping sharks entering the littoral zone by culling them in a way that minimised suffering. We would still have to consider the desirability of interfering in this way.
The long-term ethical consequences of destroying or reducing the population of an apex predator are considerable. The absence of apex predators in Australia has allowed an enormous kangaroo population to thrive. This population has had to be culled due to the competition they pose to domestic herbivores.
What’s more, the huge population means kangaroos face widespread starvation during droughts. The existence of apex predators may be bad for those caught in their path, but it is good for the entire ecosystem.
Human culling works contrary to the ‘natural’ culling apex predators perform. While predators prey on the weak and elderly, human culling targets the fittest or those with others dependent on them. As such it challenges the continuity of the entire species.
Many will argue that sharks have a right to occupy the territory in which they have evolved over millions of years, and this trumps the alleged right of humans to use territory they are ill-suited to and gain little significant benefit from. Certainly, many surfers respect these rights – acknowledging sharks as fellows in the ocean rather than threats or enemies.
The shark cull may in fact be exacerbating the shark problem in a cruel and ironic circle.
The sharks’ rights are enshrined in our law. Great Whites are an endangered species and therefore enjoy legal protection. Given the legal status sharks enjoy, the benefits to humans would have to be especially high to justify culling as an ethical option.
Surfers can adopt another sport if they are unwilling to assume the risk of shark attacks – and many are. This is particularly true if they are unwilling to explore cheaper, more reasonable ways of protecting themselves.
The shark cull may in fact be exacerbating the shark problem in a cruel and ironic circle. Sharks may be driven to attack humans because of the damage we have done to their environment. Shark experts argue that injured sharks on baited hooks attract other sharks to the area.
The elimination of apex predators such as Great Whites destroys millions of years of evolutionary adaptation. The ethical risks and costs of controlling the environment in this way are rarely contemplated in the face of tragic but rare fatal attacks. Instead of balanced reflection, we see knee-jerk responses that fail to adequately address the broad range of ethical issues.
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Clive Phillips is Chair of Animal Welfare and Director of the Centre for Animal Welfare Ethics at the University of Queensland.

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Hunger won’t end by donating food waste to charity

Hunger won’t end by donating food waste to charity
Opinion + AnalysisBusiness + LeadershipPolitics + Human Rights
BY Sophie Lamond The Ethics Centre 2 JUN 2015
There are 795 million hungry people on Earth. The world produces more food than its human population needs. Between the farm, the processing plant, the retailer and the home, the world discards one-third of all food intended for human consumption.
In Australia, we throw out the equivalent of one in every five bags of groceries we take home. Tens of thousands of us rely on charitable food relief.
Apart from consumers wasting money, producing food that goes to waste accounts for a massive loss of resources, such as energy, water and human labour. After disposal, food rotting in landfill releases potent greenhouse gases.
What did the French do?
At the end of the day, ‘dumpster divers’ scavenge food from supermarket bins. It happens all over the world. In France, supermarket owners were concerned dumpster divers might get sick from eating contaminated food and sue. So supermarkets started pouring bleach in their dumpsters to ward off the divers.
Parisian councillor Arash Derambarsh thought this was “scandalous and absurd”. He proposed large supermarkets donate all their excess stock to food rescue agencies.
Why won’t the French system work in Australia?
France’s law sounds great but there are some translation problems when applying it to the Australian context. France is rushing to regulate because they are several steps behind Australia when it comes to dealing with food waste.
All the major supermarkets in Australia have partnerships with food rescue agencies like Ozharvest, Secondbite, Fareshare and Foodbank as part of their corporate social responsibility strategies. These organisations redistribute surplus supermarket food to charities that feed those in need. Unlike their French counterparts and French supermarkets, Australian food rescue agencies are protected by Good Samaritan Laws, which afford them certain safeguards against litigation.
A spokesperson for the Australian Food and Grocery Council (AFGC) said, “There is enormous goodwill and partnership between industry and agencies to ensure that charities receive food products that are needed – not just what is left over.
“Any proposed legislative intervention will need to guard against any unintended outcome where food companies may be forced to send charities excess stock that is not required. This could place greater burden on charities which are currently subject to dumping charges.”
Elaine Montegriffo, CEO of food rescue agency Secondbite said, “If supermarkets are doing it of their own free will, rather than as a matter of compliance, it is far more likely to work out for the charity”.
Imagine a large shipment of mislabelled muesli bars arrives at a supermarket and can’t be sold. If Australia were to implement a similar law to France, the supermarket can choose to pass on the bars for animal feed or compost, or give them to a food rescue agency. But if the agency has already reached its logistical limit for transport and storage and can’t find a charity to take the bars, it still has to pay for that transport, storage and most likely the disposal of the bars.
Montegriffo would rather serious policy than a mandate on supermarkets. “I would like food waste and food security to sit in somebody’s portfolio,” she said.
The Australian way isn’t perfect
The Australian system might be ahead of France’s but it still has a long way to go. To see the full picture of food waste in the Australian supply chain we need to pull our head out of the back-of-store dumpsters. We need to encourage suppliers, processors and retailers to increase supply chain efficiencies.
Supermarkets often use the visual merchandising tactic of purposefully over-ordering to maintain an aesthetic of abundance. Shelves that look full are more appealing to shoppers, even though supermarkets can dump contracts with farmers on a whim.
With Coles and Woolworths accounting for a 70% share of the market, Australia has one of the most highly concentrated retail grocery sectors in the world. This is problematic for a number of reasons. These practices can lead to massive and unnecessary waste. The emotional, economic and environmental costs of binning the excess produce lies with farmers, not supermarkets.
Where to from here?
While 90 percent of Australia’s food charities report that they do not have enough food to meet the demand for their services, relying on waste to feed the hungry is not a sustainable solution. Our ultimate goal should be to eliminate food waste and food want.
We don’t need to follow France’s new regulatory measures, but we can learn a few things from their consumer education. In addition to its new laws for big supermarkets, France will soon roll out education programs on food waste for schools and businesses. Australia should take note. We can learn to eat in-season produce, no matter how it looks when it grows. Those wonky cucumbers and two legged carrots are just fine. We can shop smarter and buy the right amount of food, and we can re-learn kitchen skills so food and leftovers are used rather than thrown away.
Last week, Environment Minister Greg Hunt announced a multi-partisan dialogue to develop a National Food Waste 2025 Strategy. France’s consumer education is a good start, but let’s hope Hunt’s strategy addresses the full complexity of the problem. This includes improved monitoring of food waste, investment in infrastructure to process it outside landfill, competition laws to help diversify the grocery sector, support of alternative food distribution networks, and fairer relationships between farmers and supermarkets.
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Is constitutional change what Australia’s First People need?

Is constitutional change what Australia’s First People need?
Opinion + AnalysisPolitics + Human Rights
BY Marcus Costello The Ethics Centre 27 MAY 2015
There are more references to lighthouses, beacons and buoys in Australia’s Constitution than there are to Aboriginal and Torres Strait Islander people. As it stands, our First Peoples aren’t mentioned at all.
Most Australians and the two major political parties agree this must change – but opinion is divided on how such changes should take form.
The then prime minister Tony Abbott had wanted a referendum on Indigenous Constitutional recognition to take place on 27 May 2017 – the 50th anniversary of the 1967 referendum to include Aborigines in the census and amend racially discriminatory sections of the Constitution. But the 2017 referendum didn’t happen.
What needs amending?
Constitutional law professor George Williams has said, “The 1967 referendum deleted discriminatory references specific to Aboriginal people, but put nothing in their place. Torres Strait Islanders have never been referred to in the constitution. As a result, rather than recognising Indigenous people, the referendum left a silence at the heart of the Constitution”.
While race discrimination specifically against Indigenous people has been deleted, “Australia is now the only democratic nation in the world that has a constitution with clauses that still authorise discrimination on the basis of race”, says Williams.
There are two sections of the Constitution that mention race. The first, section 25, says that the states can ban people from voting based on their race. The second, section 51(26), gives federal parliament power to pass laws that discriminate against people based on their race.
Professor Melissa Castan says, “section 51(26), the so-called “races power”, has been interpreted by the High Court to allow the federal parliament to make laws that discriminate adversely on the basis of race.” She points out, “Parliament only ever used the races power regarding Aboriginal and Torres Strait Islander people.”
Some are concerned that a Constitutional amendment which states Indigenous people are the original custodians of the land will make non-Indigenous people feel like imposters in the place they call home.
Some concerns from Constitutional conservatives
Some Australians are concerned that a Constitutional amendment which states Indigenous people are the original custodians of the land will make non-Indigenous people feel like imposters in the place they call home.
This concern is an echo of the reluctance to embrace a national apology to Australia’s stolen generations in 2008.
Speaking at the Kennedy School of Government at Harvard soon after the apology, former Liberal PM John Howard said, “I do not believe, as a matter of principle, that one generation can accept responsibility for the acts of an earlier generation.”
The apology, however, did not trigger the onset of mass guilt in the non-Indigenous Australian population. It was overwhelmingly celebrated.
Howard went on to say his view was shared by Noel Pearson of the Cape York Indigenous Council, a man whom he regarded as “the voice of contemporary Indigenous Australia”.
Pearson remains an authority for many conservatives. In an effort to temper the concerns of constitutional conservatives, in 2015 Pearson put forward a three-part proposal to minimise Constitutional change:
- Remove racially discriminatory wording in the Constitution
- Devise a Declaration of Recognition to stand alongside the Constitution
- Assemble a parliamentary advisory body to comment on laws affecting Indigenous people
Vice-chancellor of the Australian Catholic University, Greg Craven, described Pearson’s proposal as “genuinely brilliant”.
The apology did not trigger the onset of mass guilt in the non-Indigenous Australian population. It was overwhelmingly celebrated.
“The greatest danger would be inserting vague, manipulable language into the Constitution,” Craven argued. “There are no references to ‘sovereignty’ or sweeping guarantees of equality and far-flung rights.”
Craven claims Pearson’s proposal will allay constitutional conservatives’ fears that recognition of Indigenous Australians will promote Aboriginal and Torres Strait Islander people as in some way superior to other races.
“Indigenous identity, indigeneity, is not superior to the identity of other Australians, nor does it in any way threaten that national identity”, Craven wrote. “It simply is the case that an identity based upon millennia of profound connection with this country, physical and spiritual, is sufficiently special to be worthy of safe, certain recognition.”
What are some of the proposals by Indigenous leaders?
The then Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda, was reluctant to accept a Declaration that sat outside of the Constitution, so was not a legal document. “It is the law out of which all other law in this country comes from and to be recognised in [the Constitution] is probably the ultimate form of recognition,” he said.
Geoff Clark, former chairman of the disbanded Aboriginal and Torres Strait Islander Commission, had proposed Australia, “include a simple clause in the body of the Constitution that the consent of the Aboriginal people is required for the application [of] laws and policies that may have an effect on Aboriginal people.”
Such a clause would have had the power to stop a government initiative like the Northern Territory Intervention, which has been criticised for lack of consultation with Indigenous communities. On the other hand, Craven says, Pearson’s body of Indigenous representatives, would “advise, suggest and comment. Its views would be debatable, disputable and disposable.”
RECOGNISE was an Indigenous advocacy group governed by the board of Reconciliation Australia, which from 2012 to 2017 ran a campaign “to see fairness and respect at the heart of our Constitution, and to ensure racial discrimination has no place in it. Our goal is a more united nation.”
Based on the recommendations by an Expert Panel in 2012, RECOGNISE proposed Constitutional amendments that included a provision for government to: “pass laws for the benefit of Aboriginal and Torres Strait Islander peoples”.
However, for many Indigenous people, the goal is not constitutional reform, it is sovereignty and a treaty. As mentioned in this Expert Panel report a survey conducted by the National Congress of Australia’s First Peoples in July 2011 revealed: “88 per cent of Congress members identified constitutional recognition and sovereignty as a top priority. Unfortunately, it was apparent from consultations and submissions that sovereignty means different things to different Aboriginal and Torres Strait Islander communities.”
The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples was established in November 2012 to interpret the findings from the Expert Panel.
What might voting ‘No’ look like?
Senator Cory Bernardi remains opposed to a Constitution that makes special reference to racial groups. “Anything that seeks to divide our country by race, and every proposal that I’ve heard of seeks to do exactly that, I think is doomed to fail … I would be absolutely campaigning for the ‘No’ vote,” Bernardi told AM.
If stamping out racism is what Bernardi was aiming for, that is honourable. But the way he conjures a post-racial society seems to frame race as a distinctly negative quality. Wilful ‘colour blindness’ to what makes us different denies what makes us special. From wherever on earth we descend, we should hope to draw on our racial heritage as a source of pride, and find a comforting sense of community in our culture.
A position statement from The Royal Australian and New Zealand College of Psychiatrists states: “The lack of acknowledgement of a people’s existence in a country’s constitution has a major impact on their sense of identity and value within the community, and perpetuates discrimination and prejudice which further erodes the hope of Indigenous people.” The College concluded, “Recognition in the constitution … is an important step to support and improve the lives and mental health of Indigenous Australians.”
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Women must uphold the right to defy their doctor’s orders

Women must uphold the right to defy their doctor’s orders
Opinion + AnalysisHealth + WellbeingRelationships
BY Hannah Dahlen The Ethics Centre 9 APR 2015
I don’t know what disturbed me most about Genevieve Tait’s opening argument.
Was it that it was written by a woman? Or a student doctor who would one day care for women? Or was it that these thoughts were not just the naive reflections of youth and inexperience but attitudes I see commonly expressed in society and by medical professionals with years of experience?
Ms Tait and I agree on this much, “Every woman should have the right to make a choice about her birthing strategy and her body. This right is inalienable.” But with her following sentence, she loses my support, “But sometimes I worry that women get so concerned about how they are going to deliver the baby that they forget about the actual welfare of the baby.”
If an expecting mother defies an obstetrician’s advice against a vaginal birth, we need to assume and respect her decision is motivated by reasons other than “competitiveness and entitlement”. And if we don’t – if we coerce a woman already under duress – we may trigger a toxic postnatal experience.
Women have told us there is something worse than death. It is in being alive but feeling dead inside.
It is in being so traumatised by pressurised interventions in their birth plan that they can’t care for their newborn or have a relationship with their partner. Ms Tait’s comment that “whether a baby first glimpses the light of day via the stomach, in a pair of forceps, or via the vagina, what matters is that the baby arrives alive and the mother stays alive” is clearly naïve. We need women and babies to be more than simply alive; we need them to be well physically, emotionally and culturally.
We need women and babies to be more than simply alive; we need them to be well physically, emotionally and culturally.
A pregnant Jehovah’s Witness and her nearly 27-week foetus died after she refused a blood transfusion for acute leukaemia in a Sydney hospital. This has been raised in the media this week and led to significant public debate. We might find this hard to comprehend, but the law is clear – the woman was an adult with the mental capacity to refuse treatment and the foetus is not a legal person in his or her own right until it is born.
We inevitably see the backlash and the comments that laws should be introduced to force pregnant women to consider the interests of their baby first. The innocent baby becomes the justification of our outrage. But we cannot force someone who is not pregnant to have a medical procedure for the good of another. When a man refused to donate his bone marrow to save his cousin’s life and his cousin then tried to sue him for neglect, the court found that to compel a person to submit to intrusion of his body for the good of another “would change every concept and principle upon which our society is founded” (McFall v. Shimp).
The USA demonstrates the ramifications of perching on such a slippery slope when it comes to foetal rights. The expansion of foetal rights in the USA and the recent debates over similar law reform in Australia, such as Zoe’s Law, are a warning sign to us. Do we really want to go the way of the USA where women have been charged with eating junk food, taking drugs or even having sex that could or did harm their baby? In Western Australia in 2012 when there was discussion of possible foetal homicide laws being introduced, the WA Australian Medical Association called for the laws to be extended to include women who chose a home birth or drank alcohol or took drugs. Shortly after this we saw the Right to Life Association calling for the laws to be extended to include abortion.
And so, the ease with which we can slide down the slippery slope of women’s rights becomes clear. So too why a woman’s right to determine what happens to her body is and always should be enshrined in law.
The World Health Organisation and the White Ribbon Alliance have recently produced statements warning against violations of the human rights of childbearing women to determine what happens to their bodies and to receive respectful care from health care providers.
Now to the real questions. How often do women actually refuse medical advice and why do they? The answer to the first question is rarely; the answer to the second question is more complicated. In the last five years I have worked on several research studies with my PhD students investigating the question of why some women say ‘no’ to our recommendations and services. We have found the main reasons for this choice is a distrust of mainstream services due to trauma during a past birth experience. This is often due to unnecessary or forced intervention and disrespectful, at times downright abusive treatment, from health care providers.
Unnecessary intervention in the private sector in Australia is leading to increased morbidity for mothers and babies. It is not saving lives.
Australia has one of the highest rates of intervention in birth in the world and this is traumatising for many women. Unnecessary intervention in the private sector in Australia is leading to increased morbidity for mothers and babies. It is not saving lives. Giving birth is not just physical. It is intensely emotional, social, and psychological. With suicide now the leading cause of maternal death in the developed world and post traumatic stress disorder (PTSD) affecting up to one in ten women following birth, this is clearly not safe.
Women are not stupid. They read and research their birth options and know the evidence, sometimes even better than health professionals who consider themselves the final authority. Expecting mothers talk on blogs, they tweet, and they post on Facebook – something which our research has found is more than “peer-pressure for grownups”, it can be very constructive. So why are we so insulted when women become active, informed participants in their own welfare?
There is more and more scientific evidence showing that vaginal birth not only primes the immune system, impacting positively on the future health of the child, but may impact the wiring of the human brain and in epigenetic changes. So, are women so misled in “being proud of their vagina’s capacity to deliver children”? Or is vaginal birth much more important than we ever realised?
The answer is not to reject medical intervention but to get the balance right and to ensure that mothers don’t feel like a failure if they need intervention.
Vaginal birth is still the best option for most mothers and babies, but not all. I’ll grant the benefit of the doubt that this is a point Ms. Tait and I largely agree on. However, in situations where vaginal birth is not the best course of action, her argument that women should always defer to the obstetrician’s advice, is where I disagree.
The answer is not to reject medical intervention but to get the balance right and ensure that mothers don’t feel like a failure if they need intervention. Countries with low caesarean section rates and excellent maternal and perinatal outcomes show us that living ‘as nature intended’ for the most part is what is optimal. Iceland, with half our caesarean section rate, loses fewer mothers and babies than we do. Finland, Sweden, Norway, and Iceland are consistently rated as the best places in the world to be a mother. In all of these places midwives are the main providers of care.
In 2005, the World Health Organisation challenged health practitioners not to ask, “Why don’t women accept the service that we offer?” but to question, “Why don’t we offer a service that women will accept?” Let’s stop trying to criminalise women’s choices or bully them into submission and let’s start trying to understand why those choices are made. We need to put in place responsive, sensitive maternity care systems that cater for the individual. And we need to remember and respect that birth for a mother is more than the everyday medical event that is for an obstetrician.
Read Genevieve Tait’s counter-argument here.
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Your child might die: the right to defy doctors orders

Your child might die: the right to defy doctors orders
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BY Genevieve Tait The Ethics Centre 8 APR 2015
This is the first of a two-part debate by different members of the medical community on the topic of what is natural and what is reasonable when it comes to birth and a mother’s right to choose her delivery method.
Genevieve Tait worries that many mothers who insist on vaginal birth against medical advice are competing for a fraught badge of womanhood at the risk of their life and the life of their baby:
I recently spent some time working with an obstetrics team at a Melbourne hospital.
I just might have witnessed a new and unexpected Vagina Liberation movement – where women are so proud of their vagina’s capacity to deliver children that the organ has taken on an identity status all of its own.
I frequently saw women wax lyrical, and sometimes even territorial, about their vaginas and vaginal birth.
It would seem that vaginal birth has gone from a functional use of anatomy to a source of competitiveness and entitlement that can be life threatening for expecting mothers and their unborn babies. And birth has become some kind of holy experience, rather than the mechanism by which another life enters the world.
“Vaginal birth has gone from a functional use of anatomy to a source of competitiveness and entitlement that can be life threatening for expecting mothers and their unborn babies.”
I saw many expecting women assert their desire for vaginal birth, even when that birthing method posed particular risks for themselves and their baby. Some women refused to allow for any blood tests or examination in case the result triggered the doctor to recommend induction, early epidural, or C-section.
Every woman should have the right to make a choice about her birthing strategy and her body. This right is inalienable. But sometimes I worry that women get so concerned about how they are going to deliver the baby that they forget about the actual welfare of the baby.
I worry they forget that the obstetrician is trying to manage the health of two people, and so any recommendation coming from that doctor is intended to benefit two lives. Whether a baby first glimpses the light of day via the stomach, in a pair of forceps, or via the vagina, what matters is that the baby arrives alive and the mother stays alive.
If I had a dollar for every time I heard that “vaginal birth is the most natural thing you can do” I wouldn’t be suffering such crippling debt from my medical degree.
I hear it in the hospital, I hear it on the bus, I hear it from my clucky friends.
To me, this statement is absurd.
Vaginal birth is the best option for some mothers. If we were all to live only as nature intended it, we need only look as far as those less privileged parts of the world where medical intervention isn’t available – nature kills mothers and babies. If these women are so opposed to medical advice (a specialized body of knowledge that is naturally evolving over time), then when they next get pneumonia they should just cross their fingers and hope to get better, or press their palms together and pray.
The capacity of the female pelvis and vaginal canal to accommodate the passage of an enormous fetal head leaves only millimetres to spare – if you try to add 1cm of width by inserting a pair of forceps, you more often than not end up with a tear.
Attention base jumpers and other thrill seekers: try giving birth.
“Every woman is different – so it doesn’t follow that every birth should be the same.”
Every woman is different – so it doesn’t follow that every birth should be the same. And yet, somewhere along the line, these women seem to have internalised the pervasive and pernicious notion that without a vaginal birth they are less of a mother and less of a woman.
Where did they swallow this misinformation?
I point the finger in a few directions but I poke it at parenting blogs and forums. Not all of them. Some of them are great. But so many of them spew up little else than gossip mongering, anti-intellectual, fad-driven peer pressure for grownups.
And don’t get me started about the current trend for home births and all the YouTube videos they inspire. Here are women so desperate for low-intervention, non-clinical deliveries in settings where incense burning won’t set off the fire alarm, that they are willing to flout the fact that home birth doubles the neonatal death rate.[1]
Women are demanding natural births but often those women have bodies and health issues that are a long way from the idealised body type discussed in natural birth forums. Pregnant women today are often very physically different to the pregnant women of a few decades ago. Today’s expecting mothers are more likely to suffer from: high blood pressure, obesity, gestational diabetes resulting in very large babies, mental illness, drug addiction, age complications, and domestic violence. All of these factors complicate birth.
For a number of women I saw, their insistence on vaginal birth had very serious consequences that could have been avoided by way of an alternative birthing method.
I attended the prenatal visits of a severely obese forty-one year old woman who refused any prenatal care other than ultrasound as she clearly saw the obstetrician as some evil agent seeking to suck her baby out of her navel with a vacuum cleaner.
The obstetrician suffered this hostility with dignity and followed through with this worryingly well-rehearsed advice: it has been found that more than 50% of mothers who die giving birth are obese, and 30% of stillbirths or neonatal deaths were born to obese mothers[2]. She didn’t budge.
Another woman had been sent to the ICU after suffering eclampsia – she refused any tests that may have identified such a complication because she was adamantly opposed to undergoing C-section or induction.
Another woman’s baby suffered brain injury and renal failure due to the delivery delay attributed to her violent defense of her right to vaginal birth – despite her baby having a dangerously low heart rate in-utero.
These were not the only examples I encountered. And I worry this particular Melbourne hospital is not the only one where the Vaginal Liberation movement is gathering pace.
Ladies. Some of you will choose to push a baby out of it. Some of you will choose to smuggle cocaine in it. There’s no need to get lyrical about it. Good mothering in the lead up to and during the birthing process should be measured by the judiciousness of decision-making based on professional advice – not the diameter of your vagina.
This article is part of a debate on the right to defy doctor’s orders. Read the other side here.
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The Ethics of Online Dating

The Ethics of Online Dating
Opinion + AnalysisHealth + WellbeingRelationships
BY The Ethics Centre 18 MAR 2015
“Who here tonight has used online dating?” asked panel moderator Jackie Dent. Almost half the hands in the room, accurate for wider Australian demographics, shot up.
“Rather than the last resort, it’s become the logical first step. But it isn’t an even split between the sexes: it’s a buyer’s market for men”, said cyberhate researcher Emma Jane.
But even if half of us are doing it, most things digital tend to get tagged as ‘inauthentic’ and there’s still a stigma around online dating (less so with apps). So when it comes to creating a profile, what constitutes an ‘authentic’ representation of who we are? What we think is import to know about us is not always what other people think is important to know. Is it important to disclose the colour of your eyes? That you’re married? That you have HIV?
HIV activist Nic Holas generally recommends disclosing your HIV status up front so you don’t set yourself up for rejection, even though some people don’t want to disclose because it doesn’t give them a chance to fully explain their situation. “It’s only reasonable to disclose your status when sex is a sure thing”, said Holas. “In NSW, if you are HIV positive, you’re legally obliged to tell anyone who you intend to have sex with. But that’s not the case all over Australia.”
Does online dating make us racist?
The online space is a wonder world for niche interests and narrow preferences. If your thing is getting it on in a coffin, there’s “Vampire Passions” or if you just want to spoon-feed your lover quinoa salad, there’s “Gluten Free Singles”. But what if your thing is just ‘white guys’?
“No one would walk into a bar wearing a T-shirt that said ‘No Asians!’. But there’s no end to Grindr profiles with stupid lines like, ‘No rice, no spice, but black guys to the front of the line ;-)’”, said Holas.
“If you were approached in a bar by someone who is Asian, even if you don’t intend to sleep with him, there are plenty of ways to let him down without making explicit reference to his race – or for that matter, his height, weight, or HIV status.”
“You can’t feel empathy unless you’re in some way vulnerable. We’re still at an awkward early stage of a digital era that doesn’t really compensate for physical embodiment,”, added philosopher Matthew Beard. Which is kind of what Louis C.K. reckons when it comes to letting kids use text messaging: if you call someone fat but you’re not there to see how it hurts them, you don’t learn not to call people fat.
Which begs the question, is it fair to call it online dating when our ultimate judgments will always be made in person? Well, there are plenty of people using the likes of Tinder and Grindr to meet friends or just to chat. While there are sites like “Girlfriend Circles” that are designed especially for finding friends, the app market is still in waiting.
Can an algorithm know us better than we know ourselves?
But not everyone’s brutally honest about what they want. We might not want to admit to ourselves or to a computer that we have a racial preference, but the algorithm works it out pretty quickly. “After you’ve interacted with three people, that’s enough data for the algorithm to ignore what you said you want”, said algorithm scientist Luiz Pizzato.
“It’s like Clippy the paperclip popping up to say, ‘Hey, it looks like you’re being a bit racist. Let me help you with that”, added Beard. Only, everyone hated that overly enthusiastic paperclip so the algorithm uses stealth.
The most conventionally attractive people don’t necessarily get the most messages. “Most users assume that ridiculously good looking people will get flooded with messages, so they don’t message. Those people with looks that polarize, people who would get 10s and 3s in a hot or not challenge, are the ones who get the most messages”, said Pizzato.
Does online dating make us more likely to lie?
Both men and women add about five centimetres to their height and about 20% to their income when they fill out an online profile. And when you’re instant messaging on a device with a camera, quick verification snaps of “those extra inches in other departments”, added Holas, is standard practice for gay guys.
But not being 100 percent honest online isn’t an indictment of online daters’ morality, thinks Beard. “Online dating doesn’t inspire lying, it just exposes it. It holds a magnifying glass to the human experience of meeting people.” Who can honestly say they haven’t told a few lies or sweetened the truth on a first date?
Cheating
What do you do when you see a friend’s partner on a dating platform? And if you’re partnered, is talking to people online the same as flirting in a bar? “I think the best gauge of what counts as cheating is to ask yourself, ‘Am I comfortable telling my partner about this?’” said Holas.
While studies show that men are more likely to cheat in general, there isn’t much reliable research to conclude whether online platforms make cheating easier. “In any case”, said Jane, “something like five to 15 percent of children are not fathered by their biological father. So the idea that men are the only ones who cheat is clearly inaccurate.”
Scamming
The sharks are still lurking, but since the online waters have deepened and sites have more safety nets, they’re less of a threat. “Scammers often masquerade as religious people. They do this because they tend to then attract genuinely religious people who are often trusting and caring and then the scammer abuses that trust for money or a visa or whatever else,” said Pizzato.
What’s Next?
When there are too many online offerings, we tend to see a throwback. But it tends to be token, suggests Beard. “The resurgence of speed dating in hipster bars says more about their love of irony than anything else.” The shift to online dating is only going to gather pace as more and more services come onto the market.
What might those new services look like? “The gay community is always an early adopter market”, said Holas, “so you should expect to see heteros opening up to the idea of meeting new people in new ways soon enough.”
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The twin foundations of leadership

The twin foundations of leadership
Opinion + AnalysisBusiness + LeadershipRelationships
BY Simon Longstaff The Ethics Centre 14 APR 2014
For all of the talk about the importance of leadership, relatively few resources are applied to its support and development. Rather, the bulk of investment flows into building and maintaining the infrastructure of management and control.
The scale of this investment in regulation and surveillance is easy to underestimate. For example, government regulation is just the tip of an iceberg of which private sector compliance programs make up the larger part. As such, some of the most prolific rule-makers in the land sit at the nation’s board tables. Fearful of their own liability and hungry for certainty, company directors feed (and are fed on by) a narrowly conceived culture of compliance.
Of equal concern is the way in which organisations are led to disguise their real preferences by applying comforting (but misleading) labels to their programs. The fact that a management program has the word ‘leadership’ in its title does not make it a leadership program. Yet programs of this kind abound. This observation is not meant to suggest that there is no longer a need for strong management programs. In fact, the opposite is true. However, if organisations are ever to realise their full potential, the technical competence of managers needs to be reinforced by the art of leadership.
That we do not do so, in any extensive or meaningful way, is due to a number of factors not least of which is, as noted above, the fear of personal liability amongst people in positions of power and authority. In some respects, their fear is well-founded. Society has recoiled against an earlier period in history when people running public and private sector organisations seemed to be beyond the reach of accountability, no matter how terrible the consequences of failures in governance. Unfortunately, society’s response has been largely uni-directional; placing the majority of its eggs in the ‘regulation and surveillance’ basket. This has stimulated a vicious cycle in which those subject to these controls have replicated the approach, across the system as a whole.
However, there are two deeper issues to consider. First, it may be that society has lost faith in the power of good leadership to shape events for the better. That is, rather than rely on the qualities of people, society has thought to ‘engineer out’ their frailties by creating a system that is finely regulated so as to prevent any person from choosing to do what is wrong. Rather, if all comply with the technical demands of the system, it is assumed, ‘bad things’ will not happen.
While this kind of thinking is understandable, borrowing as it does from utopian/dystopian fantasies (depending on your world view) of risk-free and perfect certainty, it stands in contrast to what we know of reality. Furthermore, the model of the ‘finely regulated system’ contains within it the seeds of its own failure. Rather than eliminating risk, such a system increases systemic risk (risk to the system as a whole) by reducing the capacity of any single actor to make good decisions when the system is sub-optimal in its performance.
The best analogy that I can think of for this risk is that of putting a person into a full-body plaster cast as a way of ensuring that they maintain a straight and steady posture. To the casual observer, this will seem to be a model of stability. However, unseen within the bounds of the cast, the person’s body will be changing; muscles wasting away to nothing for want of use and bones losing their load-bearing capacity. The more perfect the performance of the plaster cast, the more the degradation within. Should the plaster cast fail, the body within will be doomed to collapse. Of course, everyone knows that this true, even those who design, build and maintain the plaster cast. Their response is to patch, reinforce and refine the plaster cast.
However, there may be a second factor that limits our investment in leadership. Apart from not trusting the variable human dimension to leadership, it may also be that we no longer really understand what leadership involves and requires. It is this issue that will be addressed in the remainder of this article.
The most potent enemy of ethical leadership is unthinking custom and practice.
Defining leadership
There are many definitions of leadership from which to choose. The one that I find most compelling forms part of the doctrine of the Australian Defence Force. The ADF defines leadership as, “The exercise of influence in order to bring about the willing consent of others in the ethical pursuit of missions”.
I like this definition for a couple of reasons. First, there is an emphasis on influence and consent. There is nothing here about the exercise of power or insistence upon compliance. Second, it is striking that the military conceive of leadership as an ethical practice. That is, they do not aim to treat the ethical dimension as something that is to be ‘bolted on’ to leadership, as an ‘extra’ (optional or otherwise). Rather, ethics is an integral (and integrated) part of leadership. The reason for this is not hard to discern.
There is a telling maxim in military affairs, “no plan survives first contact with the enemy.” The profession of arms intersects with a world of rapid change, unpredictability, and lethal consequences. If you do not manage risk, then the consequences are not merely some dent to the ‘bottom line’ but quite possibly death or injury. Such hard facts concentrate the mind. The military have learned that this is why leadership, as defined above, really matters. When all of the carefully constructed systems and structures have broken down, the only thing that may stand between success and failure will be those human factors embedded in the quality of leadership.
Of course, it must be noted that the world of the military is one of extraordinary contexts and demands, in many a world apart from ordinary world of civilian life. Yet, for all of the very real differences, we should not ignore a core lesson. Investing in ethical leadership is the most effective way to manage risk.
But what does such leadership involve? What does it require of those who would lead? And are there any core lessons for leaders? In my opinion, good leadership is built on twin foundations: strategic vision and moral courage.
Strategic vision
There are three elements to strategic vision:
- The ability simultaneously to ‘see’ a situation at multiple levels. There is the ‘satellite’ level that reveals the larger picture within which specific issues are located. There is the ‘submarine’ level that reveals how specific issues are affected by ‘undercurrents’ that shape the operating environment. Finally, a leader with strategic vision sees things in the moment, being entirely ‘present’ to those dealing with specific issues or an evolving situation. As one might recognise, it takes a particular ‘presence of mind’ to operate simultaneously at all three levels. Yet this is something that good leaders can be trained to do.
- The ability to employ a kind of empathetic ‘moral imagination’ that places a leader in the shoes of key participants including, supporters, allies and foes. The capacity to ‘read oneself’ into a situation, to see events as others might see them and to understand the implications of these perspectives, is of considerable advantage to leaders. An important function of a leader is to bring such insight to bear on a situation as to enable and encourage others to proceed down paths that would otherwise remain obscured or closed to them.
- Being able to simultaneously ‘see’ a situation at multiple levels and employ ‘moral imagination’ gives rise to a third ability: the ability to perceive (or sometimes to create) ‘inflection points’. Inflection points are best understood as presenting opportunities to redefine the conditions under which success might be achieved. Those who perceive or create inflection points are not bound by a fixed description of a particular situation. Instead, they are more likely to see apparently fixed points as variables that can be reconfigured to provide new opportunities. Put simply, strategic vision allows leaders to see new possibilities not apparent to others.
Moral courage
The other foundation for leadership, moral courage, is made necessary by the fact that many individuals and organisations prefer the comfort of the familiar, even if ‘the familiar’ is outmoded and dangerous. Those who would lead must be prepared to challenge patterns of unthinking custom and practice that typically define the environment in which they work.
In most cases, if you ask people to explain their conduct, the typical response will be that “everybody does it this way” or that it is “just the way we do things around here”. That is, people will be either unwilling or unable to link what they do to a clearly articulated and understood framework of purpose, values and principles. Usually this tendency will be relatively harmless in its effects. However, in some cases, unthinking custom and practice will expose an organisation to risk if not ruin. And when all of the damage is done and people are asked to explain why they engaged in such ruinous conduct they will say, truthfully, that they did not see the risk at the time. Instead, what they saw will have been a world viewed through a limited lens, the lens of ‘the familiar’.
It is against this background that one of the defining roles of a leader is to engage in and foster acts of ‘constructive subversion’.
Constructive subversion undermines unthinking custom and practice by questioning the basis for perceiving the world through the eyes of ‘the familiar’. Such acts of subversion are not destructive because the task of a good leader is to help each organisation to become more like the thing it says that it wants to be. That is, leaders are not supposed to impose upon an organisation a personal or idiosyncratic view of what it should be. Instead, their task is to serve a defining purpose within a governance framework with core values and principles at its heart.
To do any of this, not least to question the often long-established precedents of unthinking custom and practice is to invite the disapproval of those with an investment in the status quo. Whatever the organisational structure, there is likely to be a majority who protect ‘the familiar’ and who will resist those who seek to probe and expose its limitations. That is why leaders need to draw so heavily on a reserve of moral courage.
This is not to suggest that people should be reckless in their style of leadership. Good leaders are not required to throw themselves onto the ‘funeral pyre of integrity’ whenever the opportunity arises. Effective leaders understand that there is more to be achieved than a few beautiful sparks arising from the embers of their career. While there will be times when a stand must be made as a matter of principle, leaders will draw on their capacity for strategic vision by sensing, by seeing how and when to prosecute a particular course of action. Thus moral courage, like all virtues, requires a leader to discern the ‘golden mean’ that exists between the twin poles of rash and foolhardy action and the procrastination of the coward.
Becoming a leader
Earlier, I proposed a distinction between the techniques of management and the art of leadership. I noted that both capacities are valuable–even essential–arenas for human development, but suggested that our society does a poor job of investing in leadership. Instead, we seem to be inclined to ‘re-label’ management programs with the word ‘leadership,’ and pretend that the issue is being addressed.
A sure sign of a mislabeled program will be that it is structured around exercises that take place within a formal learning environment. Having spent over two decades working with and developing leaders, I am convinced that the art of leadership only emerges as a result of experiential learning. Learning of this kind tests and refines a person’s leadership capacity within a crucible of ‘embodied experience.’ Understood in these terms, authentic leadership programs work over an extended period of time, exposing their participants to a range of experiences that challenge them physically, intellectually, emotionally, and spiritually. Ideally, participants meet each challenge and, in doing so, come to recognise their own latent capacity to lead when called upon to do so. The process of self-validation that comes about within a well-structured program is essential. A notional leader can have all of the technical skills in the world yet lack the self-belief necessary to risk taking up a leadership challenge.
This article is not the place to outline the kind of ‘curriculum’ that is better suited to the task of developing effective leaders. However there is nothing especially mysterious about the process. Indeed, the only real mystery in developing and implementing programs that build effective leaders is that so few organisations invest adequately in the task. Instead, most organisations adopt the comforting myth that leaders can be made ‘on the cheap’ and in a matter of weeks, largely spent within a training room.
Becoming a leader, regardless of one’s formal role in an organisation, requires time and practice, ideally accompanied by a small, supportive group of others making the same journey. Along the way, good leaders pick up some essential skills, including an ethical literacy that can be used to explain and inspire across varied audiences.
To conclude
The most potent enemy of ethical leadership is unthinking custom and practice. It is this that leads otherwise good persons to participate in or to tolerate evil deeds. Thus, an ethical leader will always seek to look beyond conventional morality in favour of the application of an ethical framework that is based on personal reflection and is authentically held as the basis for living a responsible life.
Ethical leaders are actively engaged in acts of ‘constructive subversion,’ subverting unthinking custom and practice in order to build organisations and communities that increasingly become more like the thing that they say they ought to be as flourishing human communities.
To lead in these terms is to court unpopularity, often from all quarters where the majority will prefer simple certainties and a quiet life based around comfortable habits. Thus the need for leaders to possess an unusually high degree of moral courage, as must be drawn on when even the leader may be plagued by genuine doubt about how best to proceed.
Under this model, the requirement for leaders is essentially personal in character:
- a well-formed (and informed) conscience
- a well-formed (and informed) intuition (there should be no tolerance of those who are too lazy or complacent to work towards the refinement of their intuition)
- the virtues of moral courage and humility
- respect for the intrinsic dignity of others
- a capacity for discernment (including strategic vision and empathy)
These are the attributes that inspire others to follow, willingly–even to a point of personal sacrifice. This is what lies at the heart of ethical leadership: the art of doing..
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Susan Lloyd-Hurwitz on diversity and urban sustainability

BY Simon Longstaff
After studying law in Sydney and teaching in Tasmania, Simon pursued postgraduate studies in philosophy as a Member of Magdalene College, Cambridge. In 1991, Simon commenced his work as the first Executive Director of The Ethics Centre. In 2013, he was made an officer of the Order of Australia (AO) for “distinguished service to the community through the promotion of ethical standards in governance and business, to improving corporate responsibility, and to philosophy.”

BY The Ethics Centre
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Ethics in engineering makes good foundations

Ethics in engineering makes good foundations
Opinion + AnalysisBusiness + Leadership
BY Rolfe Hartley The Ethics Centre 29 MAR 2014
As an engineer, I work in a profession that generally maintains high ethical standards. Our peak representative body, Engineers Australia, has a strong code of ethics.
As the leader of that review team, I spoke with many of our members and was impressed with the importance they placed on ethical behaviour.
Yet in spite of this, I sometimes see things that disappoint me. Take for, example, a World Bank decision in June 2013 to add a major Australian engineering consultancy firm to the World Bank’s list of debarred and cross-debarred firms for a year. This meant that for a 12-month period, that firm could not win any World Bank projects, could not work for a firm awarded World Bank contracts, and could not receive any proceeds from the bank.
The World Bank Sanctions Board found that the firm fraudulently failed to disclose its agreement to pay a $US34,000 ”marketing fee” to a sub-consultant, submitted invoices for reimbursement of $US210,000 in housing costs not actually incurred, and used false supporting documentation to request reimbursement of $US150,000 in vehicle and transport expenses.
Because of this, the firm was cut off from a significant area of business. While technically this bar lasted only 12 months, the actual impact was likely much greater. The reputational damage would certainly result in a much higher level of scrutiny of the company’s tenders in this and other areas of business. By their own actions, they had taken a level playing field and made it an uphill climb. The impact on company morale must have been severe.
This shows why maintaining high standards of ethical behaviour is not simply the right thing to do. It is a business essential if firms are to maximise their opportunities and their return on investment in staff, technology and skills.
Cutting ethical corners may seem attractive to a manager focused only on winning the next job, but such attitudes have no place in an organisation wanting to build a healthy, long-term business.
Engineering is a tough market. There are many firms that can provide clients with high levels of technical advice, so the pressure is on to find that ‘differentiator’ which gives you the edge. Unfortunately, there are times when those competitive pressures see firms taking the sorts of actions I discussed in the example above.
Cutting ethical corners may seem attractive to a manager focused only on winning the next job, but such attitudes have no place in an organisation wanting to build a healthy, long-term business. You might do it once or twice, but this approach will eventually catch up with you, just as it did the firm in the World Bank example.
To my mind, the best business differentiator is to combine technical excellence with a willingness to build long-term relationships with clients. You should forge partnerships that focus on the client’s needs so you become sought after as a trusted provider of services.
Ethical behaviour is at the heart of this. As a colleague of mine with a major engineering firm says, “High ethical standards and conduct are regarded as a survival imperative in our company. Our attitude is that the first time you give advice that is not professionally and intellectually independent is the last time you will have the opportunity.”
Apart from the immediate loss of business that results from unethical behaviour (real or perceived), there are other longer-term impacts. I once worked for an American multinational that was frequently accused of unethical behaviour. That was all a long way from the Australian arm of the business, yet the mud stuck.
We once had a booth at a graduate recruitment fair and got positive responses from quite a few final-year university students. We invited them to a meeting to discuss opportunities and introduce our graduate program. But a number said, “I’m sorry but I have done some research on Google and I don’t like the things I found there. I don’t think I could work for a company like that.” So our opportunity to recruit some of the brightest young graduates available was lost.
There are a number of strategies that engineering firms with high ethical standards follow. These strategies make good business sense by better managing risk – reputational and financial – along with enhancing the decision-making capacities of staff. But importantly for the industry and the professionals themselves, these strategies reverse the race to the bottom driven by short-term thinking.
- See the big picture. A successful business is not simply a collection of jobs, one after the other. Growing your business requires a strategic understanding of how individual projects and assignments can take the company to where you want it to be.
- Lead from the front. Ensure that all levels of management take their ethical responsibilities seriously and display zero tolerance to unethical behaviour. Act as role models for staff at all levels.
- Have a code of conduct and enforce it. Here I must emphasise that a code of conduct is not simply a list of rules. Ethical problems are often complex and do not lend themselves to simple ‘let’s look up the book’ solutions. Often, the process of ethical analysis and reflection is as important as the final decision. The following quote from the Engineers Australia Code of Ethics summarises the characteristics of the best codes:
“Our Code of Ethics defines the values and principles that shape the decisions we make in engineering practice. The related Guidelines on Professional Conduct provide a framework for members of Engineers Australia to use when exercising their judgement in the practice of engineering. Ethical engineering practice requires judgement, interpretation and balanced decision-making in context.”
- Embed your code of conduct in sound induction and staff development programs. New staff should have no doubt as to what is expected of them. But don’t simply read them the riot act – ensure your development programs provide an opportunity for staff to learn about ethical behaviour and understand the importance (and difficulties) of ethical analysis.
- Provide staff with opportunities for ethical learning and reflection. Ethical decision-making is often complex. You can help staff develop their ethical understanding and skills by reflecting on the ethical aspects of past or recent case studies.
- Support your staff. Ethical behaviour involves two-way conversations, so provide a mechanism where staff can discuss and seek advice on ethical issues. As my colleague from earlier says, “There is hardly a day goes by when I am not asked to assist people to think through what is the ‘right thing to do’ in various circumstances”. Another major company I know has a procedure where staff can inject ethical concerns into decisions about pursuing new jobs. In some instances, this has led to the company not chasing significant projects.
- Build open and honest relationships with clients. Help clients understand and deal with ethical issues when they arise.
- Consider the ethical aspects of everything you do. Remember that because something is legal, that does not automatically make it ethical.
- Don’t be afraid to say no. If a potential client is asking you to cut corners or act unethically, then they are not the sort of client you want to work with.
Unethical behaviour is not confined to the commercial sector. It also exists in the public sector. This is not to accuse individuals working in government as deliberately acting unethically. Rather, it’s to point out how standardised policies and procedures serve to systemically support unethical behaviour.
The area that I am most familiar with is government procurement policies for infrastructure projects. There is a golden rule in engineering procurement that good contracts allocate risk to the parties best able to manage that risk. Many standard government contracts do not – they endeavour to allocate almost all risk to the contractor (whether the contractor can manage that risk or not) while absolving the government from risks that they are best able to manage. Contractors are then expected to accept unlimited liability for their actions. In addition, many government procurement procedures still focus primarily on lowest price, even though their stated policy may be to seek the best available value for money.
No doubt these practices are motivated by well-intentioned attempts to get the best value for public expenditure and to protect procurement authorities (and their political masters) from exposure to unnecessary risk.
However, the unthinking application of these policies has driven engineering consultants and contractors to operate in an environment of unrealistically low margins and unreasonably high risk. This environment is conducive to unethical behaviour, with companies cutting corners and acting inappropriately in order to win work and stay profitable.
What’s unfortunate about this is that at the heart of an act of unethical behaviour, there is often someone who thinks they are doing the right thing for the company. When these things occur, you often hear justifications like “it’s a tough market and we have to do this to survive”, “if we don’t do it someone else will”, or “we haven’t done anything illegal”.
In my experience, unethical behaviour by engineering companies is not common. But if we are to see a business environment where corner cutting is eliminated, governments need to lift their game too.
Let me conclude with a quote from Shakespeare because, when all is said and done, ethical behaviour relies on the ethical understanding of individuals. As Polonius states in Hamlet,
“This above all: To thine own self be true, and it must follow, as the night the day, Thou canst not then be false to any man.”
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BY Rolfe Hartley
Rolfe Hartley is a civil and environmental engineer with over 30 years’ experience in the management of large infrastructure and environmental projects. His experience includes senior positions in both the public and private sector.
