4 Health Inequalities, Law, and Society
-
John Coggon
and Beth W. Kamunge-Kpodo
Abstract
This chapter explores some critical questions within studies of health inequalities and law, with attention to the marginalisation of different voices in relation to these. It explains that, to address health inequalities, we must be clear on what we mean by health and which groups we identify as suffering health inequalities. The chapter shows how healthcare laws that formally offer equal opportunities present critical challenges: the ‘all’ in ‘healthcare for all’ does not mean everyone. Furthermore, even for those with equal entitlement to healthcare, we see unequal health opportunities and outcomes: a phenomenon known as the inverse care law. However, most significantly, the greater causes of health inequalities are not about healthcare, but about our broader natural, built, and social environments. The chapter therefore explains how legal studies of health inequalities need to look both at and far beyond healthcare, generating understanding of how laws can and do influence health within different social contexts, and with a view to how laws may help better achievement of social justice.
Abstract
This chapter explores some critical questions within studies of health inequalities and law, with attention to the marginalisation of different voices in relation to these. It explains that, to address health inequalities, we must be clear on what we mean by health and which groups we identify as suffering health inequalities. The chapter shows how healthcare laws that formally offer equal opportunities present critical challenges: the ‘all’ in ‘healthcare for all’ does not mean everyone. Furthermore, even for those with equal entitlement to healthcare, we see unequal health opportunities and outcomes: a phenomenon known as the inverse care law. However, most significantly, the greater causes of health inequalities are not about healthcare, but about our broader natural, built, and social environments. The chapter therefore explains how legal studies of health inequalities need to look both at and far beyond healthcare, generating understanding of how laws can and do influence health within different social contexts, and with a view to how laws may help better achievement of social justice.
Chapters in this book
- Front Matter i
- Contents vii
- Series Editors’ Preface xiii
- List of Figures, Tables, and Boxes xiv
- Table of Cases xvi
- Table of Statutes xx
- Notes on Contributors xxii
- Introduction 1
-
General Principles of Health Law and Ethics
- Ethical Principles in Health 27
- Defining and Understanding ‘Health’ in Health Law 49
- Health Inequalities, Law, and Society 69
- Health Disparities, Equity, and Pandemic Ethics 91
- Ethics, Health(care), and Climate Change 115
-
The Body of Health Law
- Medical Negligence 135
- Medical Manslaughter 157
- Consent to Treatment 177
- Mental Capacity and Decision-Making 195
- Mental Health: Inpatient Care 217
- Confidentiality 235
-
Applied Health Law and Ethics
- Assisted Reproduction 261
- Abortion and Contraception 281
- Pregnancy and Birth 301
- Capable Children’s Medical Treatment 323
- Organ Donation: Deceased Donation 343
- Clinical Research Ethics 363
- Death and Dying 385
- Index 403
Chapters in this book
- Front Matter i
- Contents vii
- Series Editors’ Preface xiii
- List of Figures, Tables, and Boxes xiv
- Table of Cases xvi
- Table of Statutes xx
- Notes on Contributors xxii
- Introduction 1
-
General Principles of Health Law and Ethics
- Ethical Principles in Health 27
- Defining and Understanding ‘Health’ in Health Law 49
- Health Inequalities, Law, and Society 69
- Health Disparities, Equity, and Pandemic Ethics 91
- Ethics, Health(care), and Climate Change 115
-
The Body of Health Law
- Medical Negligence 135
- Medical Manslaughter 157
- Consent to Treatment 177
- Mental Capacity and Decision-Making 195
- Mental Health: Inpatient Care 217
- Confidentiality 235
-
Applied Health Law and Ethics
- Assisted Reproduction 261
- Abortion and Contraception 281
- Pregnancy and Birth 301
- Capable Children’s Medical Treatment 323
- Organ Donation: Deceased Donation 343
- Clinical Research Ethics 363
- Death and Dying 385
- Index 403