LAW SCHOOL
Postgraduate Summative Coursework Coversheet
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STUDENT NUMBER:
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UNIT CODE: LAWDM0130 UNIT TITLE: HEALTH INEQUALITIES, LAW AND SOCIETY
COURSEWORK TITLE/QUESTION: “The idea of ‘health justice’ is too nebulous to
provide a basis for meaningful change in health law and policy.” Explain why you WORD COUNT:
do, or do not, agree with this statement.
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, Introduction
The idea of ‘health justice’ is undoubtedly nebulous. Arguably, this only provides
broadened opportunity for a cross-sectorial approach towards meaningful change
in health law and policy. The influence of social determinants upon ‘health
justice’ means that there are many “diplomatic, political, social, and economic 1”
bases that can be addressed to make a truly fundamental - albeit not immediate
- change in society. A change of this nature in health law and policy is urgently
needed as England finds itself in a perilous position with regards to the health of
its population. Recent analysis indicates that factors causing reductions in life
expectancy have been exacerbated by widening health inequalities 2. It is
arguably impractical to establish a homogenous definition of ‘health justice’ in
order for meaningful change to be realised, as factors underpinning the concept
of health are certainly not “unchanging”3 and need constant monitoring.
However, this essay argues that developing generally agreed aims of ‘health
justice’ through the empirical language of ‘equalities’ would prove beneficial to
improve health outcomes coherently across many sectors. This theme will be
discussed as the essay progresses.
Ultimately, it will be argued that change would be most adequately achieved
through the emergence of a national governing body focused on the concept of
‘health justice’, and this will be advocated for throughout this piece. Such bodies
may appear to already be in existence both nationally and globally - such as the
WHO (World Health Organisation), PHE (Public Health England) or even the
specific Institute of Health Equity - but this essay argues for the creation of a
body dedicated solely to tackling the impact of social determinants of health with
its own governing power. Initially, focus of the essay will be on the necessary
accountability for health injustices. Examination of overall themes in the context
of the key social determinants of employment and income instability will follow,
later examining the impacts of zero hours contracts on the achievement of
health justice.
Accountability: past and future
The halts in life expectancy improvements in England 4 make for an
unprecedented reality, and there is evidence that this “need not have
happened5”. Law and policy-makers of the present should take accountability,
followed by action to rectify health inequities in the future. Every person has a
right to health, not explicitly defined in law but provided for by both
international6 and domestic7 legal systems. Data like this suggests that the “right
to a standard living adequate for…health and well-being 8” is currently not being
fully respected for many.
It is clear that there is both a need for systems of measurement and
accountability for actions at all levels in order to achieve meaningful change.
1
L O Gostin, Global Health Law, (Cambridge: Harvard University Press, 2014), pp. 11.
2
Public Health England, ‘A review of recent trends in mortality in England’, (PHE Publications, December 2018).
3
J Ruger, Justice, Capability, and Health Policy, in Health and Social Justice (Oxford Scholarship Online 2012),
pp. 2.
4
M Marmot et al, ‘Health Equity in England: The Marmot Review 10 Years On’, (The Health Foundation, 2020),
foreword.
5
ibid.
6
Such as: The Universal Declaration of Human Rights, Article 25; International Covenant on Economic, Social
and Cultural Rights, Article 12.
7
Such as: The Human Rights Act 1998; National Health Service Act 2006; Mental Capacity Act 2005.
8
The Universal Declaration of Human Rights, Article 25.
