Monday, 21st of February 2011 |
Full text is at http://www.hhrjournal.org/index.php/hhr/article/view/365/558http://www.hhrjournal.org/index.php/hhr/article/view/365/558
‘The article examines the convergences and contrasts between social epidemiology, social medicine, and human rights approaches toward advancing global health and health equity. The first section describes the goals and work of the WHO Commission on Social Determinants of Health. The second section discusses the role of human rights in the Commission’s work. The third section evaluates, from the perspective of social epidemiology, two rights-based approaches to advancing health and health equity as compared to a view that focuses more broadly on social justice. The concluding section identifies four areas where social epidemiologists, practitioners of social medicine, and health and human rights advocates can and must work together in order to make progress on health and health equity.’
Good reading.
BD
The right to sutures: social epidemiology, human rights, and social justice
Sridhar Venkatapuram, Ruth Bell, and Michael Marmot
abstract
The article examines the convergences and contrasts between social epidemiology, social
medicine, and human rights approaches toward advancing global health and health
equity. The first section describes the goals and work of the WHO Commission on
Social Determinants of Health. The second section discusses the role of human rights
in the Commission’s work. The third section evaluates, from the perspective of social
epidemiology, two rights-based approaches to advancing health and health equity as
compared to a view that focuses more broadly on social justice. The concluding section
identifies four areas where social epidemiologists, practitioners of social medicine, and
health and human rights advocates can and must work together in order to make
progress on health and health equity.
Each of three fields — health and human rights, social medicine, and
social epidemiology — has valuable insights, and professionals working
in these fields hold important roles in advancing the health of people in
society. In particular, despite the comparatively recent establishment of
the health and human rights field, it has made an enormous contribution
to the advancement of global health equity. It has done so by providing
an analytical framework to identify and protect the most vulnerable
anywhere in the world from poorly conceived public health policies as
well as from the egregious abuses that make them vulnerable to ill health
and mortality. While health and human rights advocates have from the
start taken a global perspective, social medicine and social epidemiology
have been slower to catch up. Advancing global health and health equity
against a wide variety of threats — including abusive actors, unjustifiable
reasoning, and plain complacency of those who have the power to make
a difference — will require coherent reasoning and coordination across
the fields of social epidemiology, social medicine, and health and human
rights. So it is welcome and commendable that this journal, the original
publication of the health and human rights field, is taking the lead toward
building such coherence and cooperation with a special issue on social
determinants of health.
In this article, we examine the convergences and contrasts between
social epidemiology, social medicine, and human rights approaches
toward advancing global health and health equity. For the purposes of
this article, we understand social medicine to be the practice of clinical
medicine in a manner that demonstrates social awareness, while social
epidemiology is the study of the social distribution of disease and causes
of that distribution across groups and individuals. The first section of
the article describes the goals and work of the WHO Commission on
Social Determinants of Health. The second section discusses the role
of human rights in the Commission’s work. The third section evaluates,
from the perspective of social epidemiology, two rights-based approach-
Sridhar Venkatapuram
MSc, MPhil, PhD, is the
ESRC–DFID Research
Fellow in the Department
of Epidemiology and Public
Health and a member of
the Centre for Philosophy,
Justice and Health, at
University College London,
United Kingdom.
Ruth Bell, PhD, is a Senior
Research Fellow in the
Department of Epidemiology
and Public Health at
University College London.
Michael Marmot, MPH,
PhD, FRCP, FFPHM,
FMedSci, is Head of the
Department of Epidemiology
and Public Health,
University College London,
and served as Chairman
of the WHO Commission
on Social Determinants of
Health and the Strategic
Review of Health
Inequalities in England Post
2010. He is currently Chair
of the European Review on
the social determinants of
health and the health divide.
Please address correspondence
to the authors c/o
Sridhar Venkatapuram,
UCL Department of
Epidemiology and Public
Health, 1–19 Torrington
Place, London WC1E 6BT,
United Kingdom, email:
Competing interests: None
declared.
Copyright © 2010
Venkatapuram, Bell, and
Marmot. This is an open
access article distributed
under the terms of
the Creative Commons
Attribution Non-Commercial
License (http://creativecommons.
org/licenses/
by-nc/3.0/), which permits
unrestricted non-commercial
use, distribution, and
reproduction in any medium,
provided the original author
and source are credited.
venkatapuram, bell, and marmot
4 • health and human rights volume 12, no. 2
es to advancing health and health equity in comparison
to a view that focuses more broadly on social
justice. The article concludes by identifying four areas
where social epidemiologists, practitioners of social
medicine, and health and human rights advocates can
and must work together in order to make progress on
health and health equity.
the commission on social determinants
of health
The WHO Commission on Social Determinants of
Health (“the Commission”) was set up in 2005 by the
late J. W. Lee, then Director-General of the World
Health Organization, with the mission to collect and
synthesize global evidence on the social determinants
of health, assess their impact on health inequity, and
make recommendations for action to address that
inequity.1 Members of the Commission and its secretariat
were motivated by three driving forces: a belief
in social justice, respect for evidence, and frustration
that there was far too little action on the social determinants
of ill health and health inequalities. These
powerful motivating forces led to three years of
detailed work compiling and analyzing research, consulting
with experts from around the world as well
as across many disciplines and professions, meeting
with governments and practitioners, and producing
a final report and recommendations.2 Rather than
being an end in itself, the work of the Commission
and the resultant report, Closing the gap in a generation:
Health equity through action on the social determinants of
health (hereafter Final Report) is meant to instigate discussions
within institutions and the public sphere and
help promote social action and policies to advance
health and health equity, both within countries and
transnationally.
Based on the collected evidence, the Commission
made its recommendations across three overarching
areas for action. The first is “to improve the conditions
of daily life — the conditions in which people
are born, grow, live, work and age.”3 The second is
to tackle the “structural drivers of those conditions,”
that is, the inequitable distribution of power, money,
and resources. The third is to “measure the problem,
evaluate action, expand the knowledge base, develop
a workforce that is trained in the social determinants
of health, and raise public awareness about the social
determinants of health.” Within these areas of action
the Commission made further recommendations in
twelve areas: 1) early child development and education,
2) healthy places — the living environment, 3)
fair employment and decent work, 4) social protection
across the life course, 5) universal health care,
6) health equity in all policies, 7) fair financing, 8)
market responsibility, 9) gender equity, 10) political
empowerment, 11) good global governance, and 12)
knowledge, monitoring, and skills. The Commission’s
recommendations are necessarily broad given its
global remit and the very different contexts in which
people live their lives around the world. At the same
time, the broad principles embodied in the recommendations
are relevant to and applicable in all
contexts. Developing national or regional strategies
to improve health equity requires contextual analysis
across the areas identified by the Commission.
Indeed, the resolution agreed at the World Health
Assembly in May 2009 urges all member states to
tackle health inequities through action on the social
determinants of health and to assess the impact of
policies and programs on health inequities.4 A number
of countries and regions around the world are in
the process of taking up the Commission’s recommendations
and translating them to suit their national
and regional circumstances, including England, a
number of European countries, Brazil, Argentina,
Chile, Sri Lanka, Thailand, and the Canadian provinces
of Manitoba and Quebec.
The Commission’s recommendations are rooted in
an analytical causal framework that is based on the
intersection of three sets of social dynamics as they
relate to conditions of daily life. The first is that the
conditions of daily life in which individuals are born,
grow, live, work, and age determine their incidence of
disease, their experience of morbidity, and length of
lifespan. Second, these daily living conditions include
proximal determinants such as exposure to harmful
substances and biological organisms, the availability
of material needs such as food, potable water, and
shelter, and the social environments that affect psychobiological
pathways and health-related behaviors.
Third, these daily conditions also have distal structural
drivers or “causes of causes” — the economic,
social, and political conditions that together with
background social and cultural norms create and distribute
the proximate causes across individuals and
social groups.
In other words, poor health and health inequalities
across individuals and social groups are brought
about by multiple and multi-level factors that interact
in complex ways. These factors include the individual
volume 12, no. 2 health and human rights • 5
health and human rights in practice
material circumstances in which people live their lives
as well as social cohesion and psychosocial, behavioral,
and biological factors, and the functioning of
the health care system. The way people interact with
or experience these factors is determined by their
position in the social hierarchy along dimensions
of wealth and income, occupation, education, gender,
race or ethnicity, and geographical location of
residence. All these causal factors are in turn affected
by a political, economic, social, and cultural context
that determines the unequal distribution of power,
prestige, and resources. Figure 1 is a diagram of the
Commission’s conceptual framework.
The Commission’s analysis reflected the intellectual
and disciplinary traditions of social epidemiology
and social medicine. Social epidemiology begins with
observations and measurements of the distribution
of health across social groups differentiated by factors
such as occupation, income, education, gender,
ethnicity/race, age, and geographical area. This then
allows for the identification of the supra-individual
determinants of health and their distribution, and
for an understanding of the causal chain from
social, economic, and political drivers to differential
health outcomes in individuals and social groups.
The Commission’s recommendations for action to
improve individual health and the distribution of
health are grounded in identifying the causal chain,
based on empirical evidence. At the core of the
Commission’s view is the understanding that individual
health — and the distribution of health achievements
across groups — is significantly influenced by
determinants outside the health care system as well
as by the functioning of the system itself. As a result,
the Commission identified universal primary health
care as one important area for social action, but it is
just one of the Commission’s twelve recommended
areas for action to improve health and health equity.
Social medicine begins from the recognition of the
impact of social and economic conditions on access
to, and experience of, medical care as well as their
direct impact on health achievements. Therefore,
social epidemiology and social medicine share the
recognition of the social determinants or social bases
of health and health inequalities. Indeed, the only
thing that could be said to distinguish social epidemiology
and social medicine is the extent to which
medical care is given importance in the analysis of
the social causation and distribution of health and
longevity. Put in another way, social epidemiologists
Figure 1. Commission on Social Determinants of Health conceptual framework
Source: Commission on Social Determinants of Health, Closing the gap in a generation: Health equity through action on the social
determinants of health. Final Report of the Commission on Social Determinants of Health (Geneva: World Health Organization,
2008), p. 43. Available at http://whqlibdoc.who.int/publications/2008/9789241563703_eng.pdf. Amended from O.
Solar and A. Irwin, “A conceptual framework for action on the social determinants of health,” in Discussion paper for the
Commission on Social Determinants of Health (Geneva: World Health Organization, 2007). Available at http://www.who.
int/social_determinants/resources/csdh_framework_action_05_07.pdf. Reprinted with permission.
Socioeconomic
and political
context
Governance
Policy
Macroeconomic
Social
Health
Cultural and
societal norms
and values
Education
Occupation
Income
Gender
Ethnicity / Race
Social position
Material circumstances
Social cohesion
Psychosocial factors
Behaviors
Biological factors
Health care system
Distribution of
health and
well-being
Social determinants of health and health inequities
venkatapuram, bell, and marmot
6 • health and human rights volume 12, no. 2
are practitioners or supporters of social medicine,
and practitioners of social medicine are social epidemiologists,
but the scope of social epidemiology
is broader than medical care. The broader the scope
of social medicine’s analysis of the social conditions
affecting health and its distribution, the less social
medicine can be distinguished from social epidemiology.
Given this understanding of the relationship
between social medicine and social epidemiology, it
should be clear that the tradition of social medicine
greatly informed the work of the Commission, not
least by many of the individuals involved who consider
themselves to be practitioners of social medicine.
The gap, the gradient, and social justice
The starting position of the Commission was that
there is no inherent biological or “natural” explanation
for the gross inequalities in health achievements
we see between countries and within countries. There
is no inherent biological reason why life expectancy
for a girl born in Japan is 86 years, while for a girl
born in Sierra Leone it is 43 years. Nor is there a
biological explanation for why the maternal mortality
ratio in Sierra Leone is 2,100 deaths per 100,000
live births while in Ireland the ratio is 1 maternal
death per 100,000 live births.5 In the case of Malawi,
Paul Farmer identifies the lack of sutures, sterile
drapes, and anesthesia among the many reasons
for the unacceptably high maternal mortality ratio.6
The Commission concerns itself with such lack of
necessary medical supplies — as part of the conditions
of daily living — and with the upstream causes
of such conditions of daily living. Like Farmer,
the Commission asks: how can these conditions be
improved through social action?
In its Final Report, the Commission presented evidence
that the systematic differences in health
achievements between countries and within countries
across groups stratified by education, income,
occupation, gender, ethnicity, race, and geographical
area of residence are determined by social, political,
and economic policies and practices. This evidence
militates against analyses that focus narrowly on biological
processes at the individual level in a contextual
vacuum. One piece of compelling evidence can be
found, for example, by examining under-five mortality
against household wealth in developing countries
(Figure 2). The difference in mortality levels within
each country illustrates one detail of the scale of
inequality in this indicator, with a substantial gap
between the best and the worst off and, importantly,
a step-wise gradient across the whole society.
The Commission argues that systematic differences
in health achievements that are avoidable or preventable
by reasonable means are unfair; they are health
“inequities.” To return to Paul Farmer’s example,
reducing maternal mortality through the provision
of sutures certainly falls into the category of reasonable
means in that it is both practically possible
to provide sutures and providing sutures is neither
morally offensive nor unreasonable. The same is true
of many interventions that would make significant
improvements in the conditions of daily living (the
circumstances in which people are born, grow, live,
work, and age). Indeed, a major source of the frustration
driving the Commission’s work to collect evidence
was the recognition of how much health and
health equity could be improved through reasonable
means in contrast to the poor reasoning and complacency
of many societies and international institutions.
Based on collected evidence and its analysis of
the causation and distribution of ill health, the
Commission adopted the view that taking action to
reduce health inequities is a matter of social justice.
The Commission states, “Achieving health equity
within a generation is achievable, it is the right thing
to do, and now is the right time to do it.”7 This is
not meant to be hollow rhetoric. Any meaningful
understanding and commitment to the idea of
social justice entails addressing manifest injustices,
and such manifest injustices exist where reasonable
means could be deployed to alleviate disproportionate
ill health or prevent mortality. This social justice
imperative applies to improving the health of those
who suffer most egregiously as well as improving
the health of those represented by the gradient, the
remaining majority of the population. In light of the
unprecedented intellectual and material resources
that exist in the world today, the goal of social action,
in principle, should be to flatten the social gradient
in health by leveling up health outcomes across the
social spectrum so that all are capable of achieving
the health of the healthiest. This is what is meant by
“closing the gap in a generation.”
volume 12, no. 2 health and human rights • 7
health and human rights in practice
Is closing the gap in a generation feasible?
Numerous epidemiological studies have shown that
gaps and gradients in health can vary significantly
between countries and within countries over time, and
there have been natural experiments that also provide
valuable information. We know, therefore, that average
measures of population health and the distribution
of health are susceptible to social and political
action. For example, with the deep political, social,
and economic changes that followed the dissolution
of the former USSR, average population health measures
worsened, and the gradient in adult mortality
by education steepened in Russia since the 1980s.8 In
New Zealand, “indigenous inequalities,” that is, measurable
health inequalities between mortality rates
of the indigenous and non-indigenous populations,
widened between the mid-1980s and the mid-1990s
following a period when structural adjustment policies
were introduced and social and income inequalities
increased. These inequalities then narrowed
following the introduction of pro-equity policies
and health reforms in the late 1990s.9 Prevalence of
certain chronic diseases is lower among low-income
residents in the Canadian province of Quebec, which
instigated an anti-poverty strategy in 2002, than in
equivalent populations in other Canadian provinces
that did not have such a policy.10 Studies comparing
Nordic countries with other developed countries
associate generous and universal social welfare policies
with lower levels of poverty and better outcomes
for disadvantaged people.11 While these findings do
not demonstrate direct causality, there is a plausible
causal chain linking political decisions and social
action to changes in the health of entire populations
and lower socioeconomic groups. We have evidence
that the absolute levels and social gradient of health
achievements can rapidly worsen within a single
generation.12 The Commission asserts that health
and health equity could also improve dramatically in
a single generation if and when appropriate social
action is taken within and across countries.
the commission and human rights
From the start, the Commission based its work on
an awareness of human rights and the relationship
between human rights and health. It also built on
opportunities to discuss with human rights experts
— including Paul Hunt, the former United Nations
Rapporteur on the Right to Health — the possible
role of international human rights law in the
Commission’s analysis and Final Report. While it was
clear that human rights law would be an important
part of implementing the Commission’s recommendations,
members of the Commission were not
convinced that explicit consideration of the legal
Figure 2. Under-5 mortality rate per 1000 live births by level of household wealth.
Source: Commission on Social Determinants of Health, Closing the gap in a generation: health equity through action on the social
determinants of health. Final Report of the Commission on Social Determinants of Health (Geneva: World Health Organization,
2008), p. 30, using DHS data adapted from D. R. Gwatkin, S. Rutstein, K. Johnson, et al., Socio-economic differences in health,
nutrition, and population within developing countries: An overview, Country Reports on HNP and Poverty (Washington: World
Bank, 2007). Reprinted with permission.
0
50
100
150
200
Uganda
2000/2001
India
1998/1999
Turkmenistan
2000
Peru
2000
Morocco
2003/2004
Poorest Less poor Middle Less rich Richest
venkatapuram, bell, and marmot
8 • health and human rights volume 12, no. 2
human right to health changed their final causal
analysis. That is, to what extent can the violation of
human rights — as defined by international statutes
— explain the (social) causation and distribution of
ill health and mortality? On the one hand, all the
social determinants identified thus far in the causal
chain of ill health and mortality could conceivably
be recast as violations of human rights. Such recasting
without providing the underlying epidemiological
information and analysis would not in and of itself
supply convincing evidence of causation. Further,
providing epidemiological evidence with accompanying
human rights legal analysis does not provide
additional explanatory value. After epidemiological
analysis, however, human rights law has immense value
in guiding how societies must act in order to protect,
promote, and fulfill the rights implicated in the
social epidemiological analysis. The Commission said
as much in the Final Report by stating that the right
to health as set out by Paul Hunt’s report presents a
compelling case for action on the social determinants
of health. On the other hand, it is not immediately
clear how a human rights analysis of health can capture
some of the central findings in social epidemiology,
namely, the observations about the health of
social groups and the broad social gradient in health
within and across countries.
When evaluating the role of human rights in the
Commission’s analysis and recommendations, one
also must bear in mind that the Commission was
very aware that within the WHO and in the global
health policy arena, the two dominant approaches to
analyzing poor health and health inequalities focus
on medical interventions/health systems or economic
policy. The focus on disease prevalence and
medical care/health systems aims to address ill health
through the provision of medical interventions such
as vertical programs or better functioning of health
systems broadly conceived. And the perspective of
economics, exemplified by the WHO Commission
on Macroeconomics and Health, focuses on improving
the cost-effectiveness of health systems in order
to improve economic growth while also being mindful
of the health needs of the “ultra” income-poor.
The Commission championed an alternative framework
of analysis that presented evidence of the full
breadth of social determinants of health beyond that
generally considered within the realm of medical
interventions/health systems. The Commission also
argued that all avoidable ill health and health inequalities
must be addressed as a matter of social justice,
not just those factors instrumental to economic
growth.
Furthermore, the Commissioners were well aware
that the social distribution of ill health and health
achievements is a secondary concern in both the
focus on controlling diseases and mortality through
medical interventions and in investing in health for
economic growth. It is quite conceivable that average
indicators of health or economic growth targets
could be reached through focusing on improving
the health achievements of the more advantaged in
societies. This is why equity and social justice are concerns
that run throughout the Commission’s analysis.
Finally, but not least important, the Commission
wanted to show that the health of individuals in both
rich and poor countries could be evaluated within
one framework of analysis, that the preventable
deaths and suffering of the disadvantaged and the
social gradient as it affects health in both rich and
poor countries are the result of the way in which we
organize our societies through economic, social, and
political policies and practices.13 For these reasons
and more, the Commission drew largely on the methods
of social and natural sciences research in order to
analyze the causes and distribution of ill health and
mortality within and across countries.
Nevertheless, the idea of human rights and entitlements
came to the fore throughout the Commission’s
discussions. Dr. Ricardo Lagos, former President of
Chile and a member of the Commission, pointed
out that Chile has introduced a system of social
guarantees, or entitlements to health care, for a
number of health conditions as rights of citizenship.
Mirai Chatterjee, a Commission member from
India, described how the Self Employed Women’s
Association campaigned and won legal rights for
poor women in Ahmedabad to work as street market
traders.14 So the ideas of human rights as well as
rights and entitlements were present throughout the
functioning of the Commission and appear in the
Final Report. At the same time, the Commissioners
and others would assert that human rights do not
encompass the entirety of the idea of social justice.
Advancing health and health equity as a matter of
social justice will entail promoting, protecting, and
fulfilling human rights, including the right to health,
as well as taking additional social action. Moreover,
in thinking about health and social justice, the
volume 12, no. 2 health and human rights • 9
health and human rights in practice
Commission recognized an affinity between Amartya
Sen’s ethical arguments for seeing social justice as
the expansion of freedoms and social epidemiological
research on the effects on health of having
control, autonomy, and ability to participate in social
relationships.15 Indeed, Sen’s thinking was influential
in setting up the Commission and he served as one
of the Commissioners. Expanding on Sen’s line of
reasoning, the Commission positioned the concept
of empowerment for individuals, communities, and
nations across three dimensions — material needs,
psychosocial factors (having control over one’s life),
and political voice and participation in decision-making
processes — as fundamental to making progress
toward health equity.
In responding to the Commission’s Final Report, some
human rights advocates such as Paul Hunt and Mary
Robinson have remarked that it should have granted
a larger and far more central role to human rights.16
Received in the positive and constructive manner
that Hunt and Robinson intended, these comments
have been understood to mean that there is much
more unexplored potential in bringing together
human rights analysis and social epidemiology/
social medicine. For example, the role of legal institutions,
particularly those institutions that protect
constitutional and international human rights, may
have distinct contributions to make in addressing
certain social determinants of health or for establishing
social norms. Indeed, no modern approach
to health and human rights would exist without the
legal institutions that have established human rights
law. Although the Commission has formally concluded
its activities, as part of the follow-on activities,
there have been efforts to think more concertedly on
integrating social epidemiology/social medicine and
human rights. In the next section, we present some
of the initial analysis of the convergences and contrasts
between social epidemiology/social medicine
approaches and human rights-based approaches.
While we identify a divergence at the point of causal
analysis of health, we argue these approaches are
not only convergent — in the sense that they both
have common concern and push toward the same
goal of greater health equity — but that they are also
interdependent and must work together in order to
advance health and health equity within and across
countries. As concrete illustration of our reasoning
about how social epidemiology/social medicine and
human rights approaches can and should be integrated
and jointly deployed to advance health and health
equity, we have taken the liberty of focusing on Paul
Farmer’s rhetorical question in an earlier issue of this
journal, “Should there be a right to sutures?”17
human rights and social justice
In describing a visit to Malawi, Farmer reported the
maternal mortality ratio in Malawi as being a shocking
1,800 per 100,000 live births. He described how
the two obstetricians in a maternity hospital faced
severe shortcomings in supplies, facilities, and personnel
compared with the Harvard teaching hospitals
where Farmer works part of the year. However, as a
result of the efforts of the two Malawian obstetricians,
the maternal mortality ratio within the hospital
was reported to be 300 per 100,000 at the time of his
visit. Given that this within-hospital maternal mortality
ratio is still deplorably high, the fact that it could
be seen as a consolation that it was one-sixth of the
national ratio left Farmer speechless. Tarek Meguid,
one of the obstetricians who showed Farmer around
the hospital, described the lack of material resources
— of supplies, facilities, and personnel — in terms
of human rights abuses. Farmer, in turn, asked readers
“Should there be a right to sutures? To sterile
drapes? To anesthesia?”18
Most readers would likely answer with a resounding
“Yes, of course!” And yet, Farmer’s questions raise
one of the central conceptual problems in the health
and human rights paradigm: how to frame a right to
something that is not explicitly identified in human
rights law? How to reconcile an understanding of
the often dire health situation “on the ground” with
the formal texts of human rights law is a dilemma
for which even those deeply committed to the ideals
of human rights often pursue remarkably different
paths in order to advance global health and health
equity. Even among human rights advocates, (putting
aside the views of the skeptics and critics of human
rights), if a particular right to something does not
appear in the legal documents, then such a human
right does not exist. But what if one believes, for
example, that the provision of sutures is not only a
reasonable and feasible means to prevent deaths but
that it should be seen as a human right? In the following
discussion, we frame this issue as one that may
be addressed by pursuing three possible paths. Each
path is a potential answer when faced with this notso-
uncommon situation, where the identification of
the causal pathways to ill health and mortality on the
ground is sought to be integrated with the idea and
law of human rights.
venkatapuram, bell, and marmot
10 • health and human rights volume 12, no. 2
Path 1 would offer the choice to continue to engage
with international human rights law and with
attempts to interpret the existing law via documentation,
reporting, and various avenues of enforcement
with the goal of addressing the missing cause
or treatment, such as in the example of the provision
of sutures. Path 2, rather than seeking formal
engagement with human rights law, would seek to
derive principles and values from human rights law
and infuse them into health programs and interactions
between individuals on the ground. Finally, Path
3 would in fact back away from the arena of human
rights law and would instead attempt to bridge the
analysis of the causes and distribution of ill health
and mortality on the ground with ethical reasoning
about social justice. Out of such ethical reasoning —
informed by evidence of the causes, inequalities, and
consequences of ill health — could arise arguments
for advancing rights and other types of social action.
The three paths are not mutually exclusive; all three
could be effective to various degrees and could function
in different arenas and at different institutional
levels — international, national, community, and
family.
The Commission followed the third path for some
of the reasons outlined above. Nevertheless, because
it appears that human rights are given a diminished
role in Path 3 in comparison to the first two paths,
it seems worthwhile to examine the intellectual and
strategic motivations for pursuing each of the different
ways of engaging with human rights to advance
health and health equity.
On seeing the lack of medical supplies in Malawi
as part of the causal chain of maternal mortality
among poor women, Farmer was motivated to ask
the questions in terms of “should there be a right?”
because there are in fact, no enunciated human rights
to sutures, to sterile drapes, or anesthesia. If there
were indeed such human rights to sutures and other
relevant medical supplies and services stated in the
law, the concern would, understandably, be about
enforcement and implementation of the legal rights.
Indeed, a significant part — if not most — of the
health and human rights scholarship over the past
decade has concerned interpreting, implementing, or
enforcing the right to health and other human rights
related to health already existing in international law.
But there is no such explicitly articulated legal right
to sutures. Nevertheless, Farmer continues to press
this example in terms of human rights law, calling
attention to a broader definition of human rights that
encompasses economic and social rights. Although
no explicit human right to sutures is stated in either
the Universal Declaration of Human Rights, the
Covenant on Economic, Social and Cultural Rights,
or in Right to Health General Comment No. 14, the
existing language and rights in these legal human
rights documents can be interpreted to provide individuals
with a right to such essential health care supplies
as sutures, sterile drapes, and anesthesia. Should
effectively realizing this interpretation prove difficult,
then it may still be possible to interpret rights to
these supplies in the more recent conventions and
declarations. For those who are disturbed about the
unjustifiable lack of life-saving materials — that is,
of medical neglect — such a search to make use of
human rights law is motivated by both the fact that
economic and social rights are intended to guarantee
the material needs of human beings, and because
human rights law is law; it has potential power —
legal, political, and moral — to make governments
and, increasingly, other actors, behave in particular
ways to provide material goods and social conditions.
Farmer presents an additional line of reasoning for
increased enforcement of economic and social rights
(that is, pursuing Path 1), aside from the fact that they
imply rights to various health care goods and services.
He argues that more vigorous enforcement of economic
and social rights would improve living conditions,
leading to better health outcomes. To carry this
point further, such improved health achievements
would, in turn, also create more active citizens and
democratic institutions. At the risk of being too simplistic,
the reasoning for pursuing Path 1 would be to
argue that where the causes of preventable morbidity
and mortality are due to medical neglect and material
privation, the enforcement of economic and social
rights will provide health care, create conditions for
better health and longevity, and create stronger social
and political institutions. Farmer and many other
individuals following this line of reasoning exhort
practitioners of health and human rights and public
health communities (and anyone else with the power
to effect change) to fight against the entrenched
orthodoxies in so many arenas, and to champion the
enforcement and realization of economic and social
rights. From this perspective, it is understandable,
then, why human rights advocates express disappointment
when analysis of health issues, especially
on a global scale, is not explicitly framed in terms of
existing human rights law, particularly an overarching
right to health. It appears to be a wasted opportunity,
one that fails both to recognize and make use
volume 12, no. 2 health and human rights • 11
health and human rights in practice
of the entitlements identified in human rights law at
the same time it fails to help support the efforts for
greater enforcement and implementation of human
rights law, particularly economic and social rights.
It is on this point — the recognition of the effects of
economic and social conditions on the health of individuals
and populations — that social medicine and
human rights perspectives converge. The practice of
social medicine has a long history and its practitioners
have been centrally focused on the social conditions
affecting the health of the worst off in societies.
There has always been an overlap between those
who are socially excluded from economic, political,
and other resources and those who bear the highest
burden of poor health. The causal relationship
between poor health and social, economic, and political
deprivations would understandably lead any medical
professional working with the socially excluded
to draw on concepts of protections and entitlements
such as those enshrined in international human
rights. Where it is clearly visible that the social structure
— the social, economic, and political conditions
and underlying ideologies — is allowing or, indeed,
directly causing avoidable disease and deaths on a
large scale, the idea and law of human rights appears
to be the only available mechanism to fight back; one
might envision human rights in such a setting acting
as a safety net that empowers those who suffer
most egregiously to claw back up the great chasm of
inequality and deprivation. Moreover, in the present
era of increasing globalization, international human
rights law may be the best available instrument to
address the ill health caused by transnational actors
who are, in many cases, more powerful than some
governments.
Before presenting points seen as critical of such
rights-based approaches to health issues — especially
as these paths reflect the perspectives of individuals
whom we greatly admire — it seems appropriate
and necessary to recall the words of Onora O’Neill,
a notable philosopher who has written extensively on
human rights. When asked by one of the authors of
this article why she seems to be so critical of some
arguments for human rights while also being so
emphatically concerned with acute deprivations in the
world, she replied that it is because we care so much
about the idea of human rights that we must ensure
that arguments to support them are unimpeachable.19
So, it is our hope that our evaluation of the first two
approaches — increased enforcement of economic
and social rights (Path 1) and infusing principles of
human rights legislation into health programs and
interactions between individuals on the ground (Path
2) — should not be misunderstood as being critical
of the idea of human rights in our effort to share our
reasoning for choosing the third path, which appears
to diminish the role of human rights in comparison
to the first two. It is indeed because we care about
the idea of human rights greatly that we are publicly
presenting our reasoning. Sofia Gruskin, Editor of
this journal for over a decade, expressed a similar
concern when she wrote that “[g]reater clarity about
the central paradigms of health and human rights is
essential to make our work more effective, as well as
to enable us to make counter-arguments that will be
persuasive not only to the skeptics but to the public
health community at large.”20
This idea that international human rights law taken as
a whole offers both rights to health care and rights to
the social and material conditions for good health was
argued by Jonathan Mann and colleagues in the very
first issue of this journal in 1994.21 Central to their
“health and human rights framework” hypothesis
was the notion that “the promotion and protection
of human rights and promotion and protection of
health are fundamentally linked.”22 It was evidently
clear in the early 1990s, in light of the way HIV/AIDS
was being dealt with in most countries, that public
health programs can negatively affect human rights
and that human rights violations can have negative
health effects. Mann and colleagues transformed the
conflict between a public health policy perspective
and a human rights perspective into a hypothesis that
a society that realizes the full breadth of human rights
would produce healthier individuals and populations.
Health programs, they argued, whether public health
or clinical, that were in line with human rights would
lead to better health outcomes, and the respect for all
human rights would create conditions for individuals
to be healthier. In fact it should be noted that the
Commission has expressed a similar view in the Final
Report that correctly designing the social processes in
society to meet the needs or expand freedoms of its
members will improve health and health equity. The
Commission was able, rather than presenting it as a
hypothesis, to make this argument as a conclusion
drawn from empirical research.
One remarkable aspect of Mann’s 1994 hypothesis is
that it leads to conceptualizing human rights law as
one component of a model of causation and distribution
of health. This is illustrated in the discussion
about possible ways to test the hypothesis, where
venkatapuram, bell, and marmot
12 • health and human rights volume 12, no. 2
Mann and his colleagues wrote, “For example, health
professionals could consider using the International
Bill of Human Rights as a coherent guide for assessing
health status of individuals or populations; the extent
to which human rights are realized may represent a
better and more comprehensive index of well-being
than traditional health status indicators.”23 While it
was a groundbreaking contribution to overlay human
rights law onto an analysis of the causes, distribution,
and social responses to health issues, the consequent
substitution of human rights law for the actual causes
of ill health in a model of causation and distribution
of health is problematic. As evident in our sutures
example, for instance, the distinction between the
lack of sutures and the lack of the right to sutures
in explaining maternal mortality is profound in many
respects and should not be minimized.
The observation that the lack of sutures plays a
role in the causes of maternal mortality necessarily
precedes reasoning that there should be a right to
sutures. This epistemological priority or precedence
of recognizing the causal role of the lack of sutures
to the assertion that there should be a right to sutures
is the source of consequent divergence between a
social epidemiology/social medicine and a human
rights approach to advancing health and health equity.
Some human rights advocates would likely want
to assert that it is the violation of the right to sutures
that causes maternal mortality. When it is asserted
that the lack of a right to something is the cause of
ill health and mortality, the distinction between the
causal role and importance of that something and
the right to that something collapses. Moreover, the
collapsing of the two ideas creates confusion as to
what is a human right. Human rights are not natural
facts or objects, but ethical assertions about claims,
privileges, liberties, immunities, and powers in relation
to various human capabilities, including those
capabilities expressed indirectly via material things.24
Unnecessary and avoidable misunderstandings result
from attempting to emphasize the importance of
human rights by casting them as direct causal components
of a model of causation and distribution
of ill health and mortality. Moreover, such attempts
undermine the important scientific analysis of causal
pathways and distribution of ill health and open the
analysis to the risk of being dismissed as conceptually
incoherent. Last, such an analysis potentially
alienates social and natural science researchers who
can be valuable allies in the effort to advance health
equity. The health and human rights framework can
be very powerful indeed, if it supplements rather
than attempts to substitute the analysis of the natural
and social causes, distribution, and consequences of
ill health and mortality. We suggest further below one
possible way that epidemiology and human rights
might be integrated.
But what about the case in which someone is advocating
a right to sutures after recognizing the lack
of sutures as a direct cause of maternal mortality?
For the practitioner of social medicine, the primary
aim is not to enforce economic and social rights, or
any other rights, for their own sake. Rather, the preeminent
goal is to address avoidable ill health and
mortality, the curtailment of well-being. Therefore,
enforcement of economic and social rights is instrumental
in order to address the needs for health care
and other social conditions and material goods. The
problem arises when the law is silent about some
pressing concern, or when the law is insufficient, or,
indeed, incoherent. Aside from being entangled in
legal rubric, stretching the law to cover the causes,
cures, and other necessary social interventions for
some particular health deprivation may begin to look
like “the tail is wagging the dog.” When there is no
right to sutures, and yet the lack of sutures leads to
the deaths of hundreds of thousands of women each
year, it is understandable to seek a right to sutures
somewhere in the law. Yet neither the existing economic
and social rights nor any language in the current
human rights corpus may be capable of doing
all the work we want them to do. At the same time,
it would be unacceptable to conclude that the causes
that are killing people are not human rights concerns
simply because they are not explicitly identified in the
existing law, and also unacceptable to opportunistically
stretch the meaning of rights so much that the
term “human rights” risks becoming an empty concept.
Indeed, it is very helpful if some human rights
exist in the law that have direct bearing on a health
issue at hand, but human rights law should be recognized
as being only one of many instruments of
advancing health and health equity.
The second problem with following Path 1 —
increased enforcement of economic and social rights
— is one of insufficient motivating capacity. The large
number of human rights advocacy organizations in
the world testifies to the fact that the mere existence
of human rights law does not mean that human
rights are universally or even locally realized. Even
at the domestic level, laws identifying certain rights
do not mean that individuals, especially those that
are socially marginalized, have their rights respected
or fulfilled. To exhort that the full spectrum of legal
rights must be respected because it says so in the law
volume 12, no. 2 health and human rights • 13
health and human rights in practice
requires a respect for law, the means to enforce it,
and mechanisms to hold individuals or institutions
accountable for violations. While motivating respect
for rights is difficult and requires constant vigilance
and resources, it is nearly impossible to enforce a
right to something that may not clearly exist in the
law, especially in places where there is no respect for
the law or a lack of institutions to enforce rights. It
should not go unnoticed, however, that individuals
and communities throughout the world recognize
and respect various rights even when such rights are
not specifically stated in the law. And if they are in
the law, respecting such rights may not be primarily
motivated by the fact they are enshrined in the law.
Before the relatively recent establishment of international
human rights law, advocates for the respect
of human rights and for social change drew on arguments
for why such things are good and “the right
thing to do.” Public statements to provide such reasoning
were often accompanied by large-scale social
mobilization; indeed, this ethico-moral approach was
often much more comprehensive than the method
currently employed by rights activists, of pointing to
what is explicitly stated in the law and playing language
games. Realizing rights, whether economic and
social or civil and political, by means of assertions
that they must be respected simply because it says so
in international law, is neither necessary nor sufficient
for advancing health and health equity — unless and
until international law has the power to command full
adherence and there are institutional capacities and
resources in all countries to (progressively) realize all
human rights.
In an attempt partially to overcome many of the
structural and conceptual problems in engaging with
human rights law, Lynn Freedman has proposed an
alternative approach to expand the reach and relevance
of human rights “on the ground.”25 Her strategy
is innovative in that it seeks to supplement the
dominant approach to human rights work that takes
place within international institutions as academic
and legal discussions, and instead focuses on holding
governments accountable for upholding human
rights. We suggest Freedman’s approach as our Path
2. Freedman advocates a strategy that extracts various
values and principles from existing human rights
law and applies them to local contexts — the onthe-
ground analysis of the causal chain of ill health
and mortality. While Freedman focuses on addressing
maternal mortality, and her approach fits nicely
with our example of the right to sutures, this strategy
could be applied to addressing any health issue.
Motivated by the understanding that human dignity
is the core value of human rights law and is meant
to inspire profound and fundamental change in
everyday interactions, Freedman proposes communities
identify a set of values and principles in human
rights law and then articulate how they can help guide
community-level programs to address maternal mortality.
Using the case of the right to sutures, following
Freedman’s path would mean that we do not look for
a right to sutures in the law but that the values and
principles of human rights law can help communities
identify, analyze, and address maternal mortality. In
fact, Freedman interprets the legal discourse on the
human right to health as encompassing the right not
to die an avoidable death in pregnancy and childbirth.
This right then translates into a societal obligation to
provide emergency obstetric care, which would entail
the provision of sutures when needed. But even
when dealing with nongovernmental actors and a
concern not just about sutures but maternal mortality
more broadly, Freedman argues that the two values
of human dignity and non-discrimination (among
others), which are central to human rights law, can
and should guide the manner in which emergency
obstetric care is provided to patients and families as
well as how it impacts hospital staff. This strategy
may be seen as expanding human rights work, perhaps
even liberating human rights from the existing
legal language and mechanisms of international law.
Importantly, rather than making rights into causal
components of health and well-being, Freedman suggests
that human rights values and principles, when
combined with other health-related disciplines such
as epidemiology, medicine, and operations research,
can provide a plan of action for communities and
states — in other words, human rights discourse can
become a community health planning tool.
Although it is an important and worthwhile strategy
to apply human rights law to the reality of how individuals
are living their daily lives, this path also suffers
from insufficient power as a tool for motivation.
It is unclear as to why the values and principles that
Freedman uses to guide maternal mortality programs
should be convincing to others simply on the basis
of their presence in human rights legislation. Indeed,
is it not ethical reasoning that first produced the
values that then became enshrined as various rights
in human rights law? That is, why would individuals
and communities change their views and behaviors
from the status quo to be in line with these values
because these values are derived from human rights
venkatapuram, bell, and marmot
14 • health and human rights volume 12, no. 2
law? Granted, there is an international consensus
embodied in such laws, but how convincing is it that
individuals need to work and interact or programs
are designed and operated in accordance with certain
values and principles because they were derived from
human rights law? Perhaps more persuasive would be
an ethical or moral argument. Why not present these
values and principles as being important in the analysis
of health issues and require allegiance because it is
the right thing to do, or is what is demanded by social
justice? Dignity, non-discrimination, equality, and
participation are all values than can be highlighted
within the ethical reasoning concerning what to do
about maternal mortality in communities throughout
the world. Synthesizing scientific and empirical
insights from fields such as epidemiology, medicine,
operations research, and public health with ethical
reasoning about social justice by communities should
be just as motivating — if not more so — for taking
action than arguing that certain value-motivated
actions are required simply because the values can be
found in human rights law.
Path 2, as argued by Freedman, is indeed the middle
ground between Path 1 and Path 3 (the path taken
by the Commission). The first path, in its best form,
seeks to link the causal and distributional analysis of
health issues with international human rights law. The
second path seeks to craft and guide a social response
by integrating various values with necessary and helpful
insights from different fields while remaining
grounded in human rights law. The third path can be
seen as being a step farther away from either of the
first two, as it seeks to derive values from ethical reasoning
that takes place at community-level, national,
regional, and global spheres. The initial conclusion
of that ethical reasoning, which took place within
the Commission and is now ongoing and open to all,
was to classify ill health and health inequalities that
are avoidable through reasonable means as inequities.
Furthermore, the Commission determined that such
manifest inequities must be addressed as a matter
of social justice. In addition to this ethical argument
— that if one can reasonably prevent ill health and
death, one should do so — is the argument that one
must act to address social determinants of ill health
and health inequalities on the basis of the duties to
protect, promote, and fulfill relevant human rights.
There is broad convergence between research and
action on rights-based approaches and social determinants
of health when existing international agreements
about human rights encompass actions to
address the relevant social determinants. Indeed,
perhaps it can be argued that enunciated rights and
values implicit in human rights law cover the entire
gamut of the social determinants of ill health and
mortality. However, social epidemiology has more
explanatory potential than human rights approaches
because the objects of research are not themselves
ethical assertions, nor is the scope of social epidemiology
limited by what is written in the law. Yet human
rights law has the power to bridge social epidemiology
with social action. The power of human rights
lies in its prescriptive power to guide prospective
social action through identifying legal obligations as
well as underlying moral obligations of societies to
act in particular ways. However, local and global discussions
that link social epidemiological analysis with
ethical reasoning about social justice would involve
more actors and allow for a broader scope of social
action, more expansive rights and responsibilities,
and easier social acceptance. It is necessary to find a
way to integrate these two approaches.
Perhaps one method that avoids the conflation of
causal factors and human rights is to incorporate
rights as distal factors in the chain of causation. A
social environment that does not protect, promote,
or fulfill the rights to food, clothing, shelter, or civil
and political liberties can be understood to have a
role in the chain of causation and distribution of ill
health without being a direct causal factor. It would
also make understandable the assertion that if individuals
have a right to health, then they should also
have a right to the determinants of health. In this
way, integrating epidemiology and human rights —
or constitutional rights for that matter — would illuminate
the role of the lack of rights in the causal
chain of ill health and mortality, while also avoiding
having to show that every violation of a human
right is bad for health. Such an integrated framework
could move forward the agenda to improve health
and health equity by harnessing the power of both
human rights and epidemiology.
joint projects for the future
Given that social epidemiology, social medicine, and
human rights-based approaches are all important
and productive methodologies to advance health and
health equity, it behooves all involved to attempt to
build greater inter-theoretic coherence and collaboration.
There is undoubtedly much to be gained intellectually
and practically from interdisciplinary efforts.
volume 12, no. 2 health and human rights • 15
health and human rights in practice
We suggest four possible areas for action with an
open invitation for further proposals.
First, there is the obvious need to undertake a more
thorough mapping of the Commission’s existing
analysis using human rights law. This is not to explain
ill health and inequalities in terms of human rights
violations, but rather to identify what is required in
the form of social action as a matter of law. It may
also be worthwhile to investigate how to motivate
social action at the community level to address the
social determinants of ill health and health inequalities
through enriching local deliberations with human
rights principles. Second, much could be gained from
bringing together social epidemiology and human
rights analyses to develop policy indicators for the
implementation of the Commission’s recommendations
as well as progressive realization of the right
to health. Third, the Commission has (hopefully)
achieved one of its main goals, to bring equity to the
center of discussions on health. Human rights advocates
could help considerably by providing support
in the form of human rights-based arguments for
addressing social gradients in health. Last, not least
important, a rights-based approach to health causes,
distribution, and consequences must be created,
one that is informed by, and builds inter-theoretic
coherence with, social epidemiology as well as other
relevant fields, not least of which are public health,
economics, and operations research.
acknowledgments
The authors would like to thank the editors and
reviewers for their valuable assistance. Research for
the article was made supported by the Joint ESRC–
DFID Scheme for research on international poverty
reduction (RES–167–25–0369) and the Department
of Health in England.
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venkatapuram, bell, and marmot
16 • health and human rights volume 12, no. 2
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17. Farmer (see note 6), p. 9.
18. Ibid.
19. Personal communication.
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23. Ibid.
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