Coito ergo sum wrote:Ronja wrote:Speaking of western, affluent democracies: Do you believe that the government (federal, national, regional, or local) has
1) a right to influence the health of the population it governs and/or
It has the power and sometimes the lawful authority to do so. It depends. The question is worded too generally to limit it to a simple yes/no answer, because if one says, 'yes' then the followup may be, "see - that's all San Fran is doing...influencing the health of its population." The government has the power and authority to do a lot of things, and sometimes the government is limited.
OK, it sounds like we are in some kind of agreement on this.
Coito ergo sum wrote:Ronja wrote:
2) a duty to influence the health of the population it governs?
A "duty?" No. I don't think the local
population government has a "duty to influence the health of the population it governs." I would say it has the power to act within its lawful authority. Whether it determines there is a reason to act in a health related area is up to the local government, according to the will of the constituents.
(correction mine - this is what you meant?)
It sounds like here we have a disagreement or difference in governmental culture.
Some background first: Civil servants in Finland, since as far back as I know, have had to give an oath to ensure that they will do their jobs as conscientiously as possible. When we used to be a part of Sweden and later Russia, the oath was also a pledge of allegiance to the king, queen, or czar (the earliest reference to such an oath that I could easily find was 1496 - source
http://home.swipnet.se/PharmHist/Forelasn/FH41.html ). As we have had a multi-party parliament for about 100 years (and before it a multi-chamber senate), civil servants have always kept their jobs when the majority party in a county, region, or in the national parliament changes. This also is true for almost all the highest civil servants in the various ministries. Thus the civil servants are a continuity building and balancing factor to the elected representatives - often for the best, but sometimes they do slow down also necessary changes quite a bit.
So with us, the assumption has historically been that both civil servants and elected officials are accountable for what they do. However, about twenty-five years ago the discussion got louder about the practical consequences of the wording of the law: that when in doubt, a civil servant could safely do
nothing and that could not legally be counted as lack of due diligence in her/his job. So in 1994, the laws about civil servants went through a major overhaul, and the principle of actively informing and taking initiative was added to the legal duties of all civil servants. This development was influenced partly by the Chernobyl disaster in 1986 and partly by the Rio Pact of 1992, from which the precautionary principle (AFAIK for the first time) entered the Finnish law. So nowadays, if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is harmful, the burden of proof that it is
not harmful falls on those taking the action.
So, as you see, based on the above a civil servant here has a
legal duty to act (the minimum being talking to her/his boss), if there is a possible risk for e.g. the relevant population's health. And the possibility is enough - there does not need to be conclusive evidence. In fact, a civil servant does not have the right to wait for conclusive evidence, if there is a reasonably conceivable risk. So if McDonalds' giving away toys with Happy Meals was questioned here, McDonalds would have to prove that their policy of giving away toys does not encourage kids to eat at McDonalds insanely often, or prove that the food, with which the toys are given, is healthy.
At least one Finnish hamburger chain (HesBurger) offers a choice: either a toy or a small portion of ice-cream. I've not been to McDonald's for such a long time that I'm unsure if this is their policy, too (in Finland, that is).
Coito ergo sum wrote:Ronja wrote:
3) Where do you draw the limits of such right and/or duty, if you believe either exists?
I think that if a local government is going to do something it should have a rational basis and be reasonably related to the ends it seeks to achieve, and I think also that the government should not be permitted to violate fundamental rights in achieving its ends.
On the level of principle, it looks like we agree on this - however, our respective interpretations of what constitutes "rational basis" and "reasonably related" likely don't converge too well. Also "not permitted to violate fundamental rights in achieving its ends" sounds woolly. But we can get back to that later.
Coito ergo sum wrote:Ronja wrote:
4) How does it influence your answer if we are talking about children or the mentally disabled?
It doesn't.
To me, *that* sounds weird. More later...
Edit: shucks, I'm too sleepy to be able to continue today. Oh well, this discussion will certainly keep.
