Mental health professionals and conflicts between legality and ethics.
There is a difference between legality and morality.
There are some behaviors that are legal that might be considered immoral.
There are some behaviors that might be considered immoral but legal.
This distinction was raised at the Nuremberg trials when Nazi anti-Semites defended their killing of Jews as legal and they were "just following orders." The court declared that "following orders was not a valid defense when the behavior being charged was detrimental to fundamental human rights and dignity."
There are increasingly states that make behavior illegal that many people would contend is moral behavior. The practitioner might argue that the laws being applied are immoral and violate fundamental ethics of the profession's code. Will the profession and fellow professionals stand in solidarity with the professional so charged or will they stand aside or will they take the state's side who is charging with the legal but immoral law?
This brings us to nonviolent resistance which was practiced during the civil rights era not complying with the legal but immoral laws of segregation, and during the VietNam war when many people resisted the draft and refused to go to Vietnam to kill people in what is now increasingly considered an immoral war.
It would be a positive service if Mental Health Professions advocated for their code of ethics in states which following certain ethical codes might be considered illegal and the practitioner charged. Will the professions set up legal defense funds to help practitioners in such cases? Could the Professions team up with the ACLU and other legal organizations who advocate for laws which support human dignity and freedom?
The slide into fascism is evident in some states where civil rights and the right to self determination are being stripped away from minority populations. The mental health professions have a spotty record of advocating for human dignity.
I would like to see CSWA, NASW, APA (both of them), ACA, AAMFT join together to form a legal defense fund and organize nonviolent resistance to these immoral laws.
Practitioners being charged for illegal activity is already occurring in some jurisdictions and rather than being reactive our professional organizations should be proactive and develop strategies of defending and supporting their members who want to do, and are doing, the right thing.
Interestingly we are back to the question of courage again which John Elliott raised earlier last week. It takes great courage to stand up to evil on behalf of people being attacked by political and governmental powers. It is easier to rectify the tampling of human rights in the early stages than to allow it to take over governmental norms in certain jurisdictions.
Social workers are taught that case work on behalf of individuals is not enough. We also have a responsibility to change systems so that they are more just, equitable, and compassionate.