Healthcare: Can it be a Human Right in the US?
By Amy Caron
There are many dimensions of health disparities in the United States. Race or ethnicity, sex, sexual identity, age, disability, socioeconomic status and environment all contribute to one's ability to maintain overall wellness. Access to quality education, nutritious food, clean water and air, housing, and safe neighborhoods all contribute to good health, in addition to access to health care services regardless of income or insurance. The social determinants of health or the conditions in which people are born and live are mostly responsible and create extreme differences in health status within and between populations.
According to the
Center's for Disease Control Health Disparities and Inequalities Report US 2013:
- Rates of premature death from stroke and coronary heart disease were higher among non-Hispanic blacks than non- Hispanic whites.
- Infant mortality rate for non-Hispanic black women was more than double that of non-Hispanic white women in both 2005 and 2008.
- Among persons with asthma, attacks were more frequently reported for children than adults, adults with incomes <250% of the poverty level than adults with incomes >450% of the poverty level.
- Rates of blood pressure control among adults with hypertension were lowest among Mexican Americans, persons without health insurance, and those born outside of the US.
- Diabetes prevalence was highest among males, persons 65 and older, non-Hispanic blacks and those of mixed race, Hispanics, persons with less than a high school education, those who were poor and those with a disability.
- During 2010, two to five Hispanic adults and one of four non- Hispanic adults were classified as uninsured.
According to a study by the Commonwealth Fund in 2012, 41% of adults reported they had a hard time paying their bills, even with insurance and had been contact by a collection agency or had to change their way of life in order to pay for medical bills. A Kaiser Family Foundation poll showed that 28% of middle income families (income between 30-75k) stated they were having a serious problem paying for health care or health insurance.
Overall the United States is quickly becoming the worst healthcare system in the world among developed nations. Our healthcare expenditures are the highest among this group at about 15.3% (Organization for Economic Cooperation and Development). We spend inefficiently according to the Congressional Budget Office that estimated that nearly 5% of that spending did not improve health outcomes and our prescription prices are about 35-55% higher than in other developed countries. In addition to the lack of price controls or regulations on pharma companies to control drug pricing.
Our broken health care system impacts us all, some groups more so than others, and it's safe to say that that all would agree that the system is broken. To achieve health equity, or to eliminate all disparities and improve the health of all groups, all groups must be valued equally and society as a whole must work together to address inequalities that lead to health disparities. In the US, this is what divides us.
Brief History of Health as a Human Right in the US
In 1812, Theodore Roosevelt said "We pledge ourselves to work unceasingly in State and Nation for the protection of home life against the hazards of sickness, irregular employment and old age through the adoption of a system of social insurance adapted to American Use." In 1944, Franklin Roosevelt called for "a second Bill of Rights under which a new basis of security and prosperity can be established for all." These rights included "the right to adequate protection from the economic fears of old age, sickness, accident, and unemployment." He died in 1945. His wife, Eleanor Roosevelt, went on to be a major contributor to the
UN's Universal Declaration of Human Rights of 1948 which states:
- Article 25: Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, medical care, and necessary social services, and the right to security in the event of unemployment sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
This document gave way to the
International Covenant on Economic, Social and Cultural Rights (ICESR). In which states:
- Article 12: States that agree to the covenant should create conditions which would assure to all medical service and medical attention in the event of sickness.
- Article 12.2 Requires parties to take specific steps to improve the health of their citizens.
President Jimmy Carter signed the Covenant, but the United States stands with Comoros, Cuba, Myanmar, Palau, and Sao Tome and Principe and has not ratified. In total, the Covenant has 164 parties.
So why not ratify? The problem is the distinction between a "positive" and a "negative" right.
- Positive Rights: Provide the right holder with a claim against another person or the state for some good, service, or treatment.
- Negative Rights: Restrain other persons or governments by limiting their actions toward or against the right holder.
Our Bill of Rights, written in the 18th Century, embodies negative rights that were designed to prevent government oppression. The ICESR leans in towards positive rights. This marks a sharp divide in the United States.
Healthcare: Not Human Right?
Here are some arguments:
- Health care is broad and too hard to define. It includes preventative services, health education, promotion, and treatment for established illness. But does the right to health care also mean the right to clean water, food, organ transplantation, or infertility treatment? To be considered a right, it must be easily defined.
- Rights imply a duty on the part of others, and who/what would that be in the case of health care? Would doctors, hospitals, or governments take responsibility? This would impose an intolerable burden on others and should be seen as a provision of benefits instead.
- As a right, health care would impose forceful obligations on taxpayers and providers. No one can "give" health care without first taking away something from someone else.
In a nutshell, health care can't be a human right because it requires providing goods and services that don't "exist in nature" and inevitably a person's rights will be infringed upon in order to to do so. By enforcing a right to health, the government becomes legally obligated to provision the necessary services. It is at someone else's expense.
Our Constitution was written as a series of negative rights and all amendments made before the 1930's basically aim to protect the people against its government. They call for government to refrain from acting. This is the simple explanation why so many believe healthcare can't be a human right. This core value of "every man for himself" simply sums up why we
rank last or close to last on measures of health.
Does Healthcare Have to be a Right?
The US is the only country among the group of wealthy nations that belong to the Organization for Economic Cooperation and Development (OECD) that does not guarantee healthcare to its people as a right. In most of Europe, healthcare must be accessible to the entire population, without discrimination, and is done do in different ways:
- Great Britain has a national health service and the government runs the hospitals and pays all staff.
- Germany and France have a mix of regulated private and public insurance companies and a law (like the ACA) that make it mandatory.
- Netherlands' mandatory health insurance coverage is provided by private insureres competing for business.
- Sweeden relies on innovative programs managed by their government to control costs and maintain the public's health.
Australia does not claim that healthcare is a human right as seen in Europe, however they still have a system of public hospitals and accessible insurance program. Japan follows suit. In these countries, healthcare is not a right per se, it just is.
In short, there are a mix of mechanisms and motivations for ensuring universal access to healthcare for all residents. In China, not an OECD member, healthcare access is a matter of law, not of rights, however healthcare coverage is growing just the same.
In the US, we spend the most and are the sickest, but we first need to define the problem to come up with solutions.
Do we need to see healthcare as the human rights issue of our time or an economic problem we need to solve?
Where can the Affordable Care Act take us and which country should we emulate?