WHO/SDE/HDE/HHR/01.2 • Original: English • Distribution: General
WHO’s Contribution to the WorldWorld ConferenceConference AgainstAgainst Racism,Racism, RacialRacial “Vulnerable and marginalized groups in society bear an undue proportion of health problems. Many health disparities are rooted in fundamental social structural inequalities, which are inextricably related to racism and other forms of discrimination Discrimination,Discrimination, in society... Overt or implicit discrimination violates one of the fundamental principles of human rights and often lies at the root of poor health status.” XenophobiaXenophobia The World Health Organization’s contribution to the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance urges the Conference to consider the and Related link between racial discrimination and health, noting in and Related particular the need for further research to be conducted to explore the linkages between health outcomes and racism, racial discrimination, xenophobia and related intolerance. IntoleranceIntolerance Health and freedom from discrimination
Health & Human Rights Publication Series–Issue No. 2 For more information, please contact: Helena Nygren-Krug Health and Human Rights Globalization, Cross-sectoral Policies and Human Rights Department of Health and Development World Health Organization Health & Human Rights 20, avenue Appia – 1211 Geneva 27 – Switzerland Publication Series Tel. (41) 22 791 2523 – Fax: (41) 22 791 4726 E-mail: [email protected] Issue No. 2, August 2001 World Health Organization Health and freedom from discrimination
This document was produced by the World Health Organization: Department of Health and Development, Sustainable Development and Healthy Environments Cluster, WHO Headquarters, Geneva, together with the Public Policy and Health Program, Pan American Health Organization (PAHO), WHO Regional Office for the Americas, Washington, D.C.
© World Health Organization, 2001 This document is not a formal publication of the World Health Organization (WHO), and all rights are reserved by the Organization. The document may, however, be freely reviewed, abstracted, reproduced or translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. The views expressed in documents by named authors are solely the responsibility of those authors.
Designer: François Jarriau, SCM7 Cover photo: WHO/PAHO/Armando Waak WHO/SDE/HDE/HHR/01.2 • Original: English • Distribution: General
WHO’s Contribution to the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Health and freedom from discrimination
World Health Organization
Health and freedom from discrimination Table of contents
1. Introduction page 5
2. Background 2.1 Health, human rights and discrimination page 6 2.2 Inequalities in health due to discrimination page 7
3. Determinants to inequalities in health 3.1 Health sector determinants page 8 3.2 Socioeconomic determinants page 11
4. Conclusions page 12
Annex: Variations in health and service access indicators: A regional perspective page 15
Photo: WHO/PAHO/Carlos Gaggero
3
Health and freedom from discrimination
1-Introduction
1 - The Constitution of the World Health Organization (WHO) of 1948 declares that “[t]he enjoyment of the highest attainable standard of health is one of the fundamental 1 rights of every human being” . It Photo: WHO/PAHO/Carlos Gaggero defines health as “a state of com- plete physical, mental and social 2 - The World Health Organization well-being and not merely the recognizes the World Conference absence of disease or infirmity” and against Racism, Racial Discrimination, prohibits discrimination in its Xenophobia and Related Intolerance 2 (1) Basic documents. enjoyment. as presenting a unique opportunity Forty-third edition. Geneva, World Health for the development and adoption Organization, 2001. of a new approach to addressing The Constitution was adopted by the the health impact of racism, racial International Health Conference in 1946. discrimination, xenophobia and (2) Id. Preamble. related intolerance.
Photo: WHO/PAHO/Carlos Gaggero
5 Health and freedom from discrimination 2-Background
2.1 Health, that relevant rights “will be exer- human rights cised without discrimination...”. and discrimination 6 - Overt or implicit discrimination violates one of the fundamental 3 - Vulnerable and marginalized principles of human rights and often groups in society bear an undue lies at the root of poor health status. proportion of health problems. Discrimination against women; the Many health disparities are rooted elderly; ethnic, religious and lin- in fundamental social structural guistic minorities; persons with dis- inequalities, which are inextricably abilities; indigenous populations related to racism and other forms of and other marginalized groups in discrimination in society. Mortality society both causes and magnifies and health in general rarely diverge poverty and ill-health. far from economics and social rela- tions, which leads to the conclusion that to eliminate differentials in health outcomes requires address- ing the underlying social inequali- ties that so reliably produce them.
4 - Human rights provide a useful framework to identify, analyze and respond directly to the societal determinants of health. Vulnerabil- ity to ill-health can be reduced by Photo: WHO/PAHO/Carlos Gaggero taking steps to respect, protect and fulfil human rights. Government 7 - The observance of human rights is efforts towards meeting their human permeated and characterized by the rights obligations must be deliber- principle of freedom from discrimi- ate, concrete and targeted as clearly nation. Governmental responsibility as possible. for nondiscrimination includes ensur- ing equal protection and opportuni- 5 - Freedom from discrimination on ty under the law, as well as de facto account of race and ethnicity, sex enjoyment of rights such as the right and gender roles, and language and to public health, medical care, social religion, is an overarching and fun- security and social services. The damental norm relevant to all International Convention on the aspects of public life. While the Elimination of All Forms of Racial International Covenant on Eco- Discrimination places an obligation nomic, Social and Cultural Rights on States parties to prohibit and to provides for progressive realization eliminate racial discrimination in all and acknowledges the constraints its forms and to guarantee the right due to the limits of available of everyone without distinction as to resources, it also imposes various race, colour of the skin or national or obligations of immediate effect. Of ethnic origin, and equality before the particular importance in this regard law, notably in the enjoyment of the is the “undertaking to guarantee” above-mentioned rights.
6 Health and freedom from discrimination
Respect for human rights, the standards of which are contained in numerous international human rights instruments, is an important tool for protecting health. It is those who are most vulnerable in society—women, children, 8 - A general comment on the right to the poor, persons with disabilities, the the highest attainable standard of internally displaced, migrants and health, recently adopted by the refugees—who are most exposed to the Committee which monitors the risk factors which cause ill-health. International Covenant on Economic, Discrimination, inequality, violence and Social and Cultural Rights, enumer- poverty exacerbate their vulnerability. ates the grounds for non-discrimi- It is therefore crucial not only to nation in health by proscribing “any defend the right to health but to ensure discrimination in access to health that all human rights are respected and care and the underlying determi- that the root economic, social and nants of health, as well as to means cultural factors that lead to ill-health are and entitlements for their procure- addressed. ment, on the grounds of race, colour, sex, language, religion, political or Mary Robinson, UN High Commissioner other opinion, national or social ori- for Human Rights, 9th International gin, property, birth, physical or Congress of the World Federation of (3) General comment mental disability, health status Public Health Associations, Beijing, on the right to health (including HIV/AIDS), sexual ori- adopted by the 2–6 September 2000 Committee on entation, civil, political, social or Economic, Social and Cultural Rights on 11 other status, which has the intention May 2000, paragraph 18. (E/C.12/2000/4, or effect of nullifying or impairing CESCR General the equal enjoyment or exercise of 10 - Gender is a cross-cutting theme in comment 14, 4 July 2000.) the right to health”. 3 all matters concerning health and development which concerns how polices and programmes impact dif- ferently on women and men. Anoth- er important dimension to consider is how racial discrimination com- 2.2 Inequalities bines and multiplies in relation to in health due other grounds for discrimination, such as sex and gender roles; age to discrimination (children and the elderly); sexual orientation; religion; political affilia- 9 - Research has shown that inequali- tion; physical and mental disability; ties in the health and health care of and other health status. For exam- ethnic and racial groups 4 are evi- ple, the combination of racial and (4) See Annex: Variations in health dent and that racism is the most dis- gender discrimination has resulted and service access indicators: A regional turbing of the explanations for in increased vulnerability for perspective. these inequalities. 5 It has thus been women of African descent, many of (5) Bhopal R. Spectre of racism in health suggested that attention be devoted whom are subjected to sexual and health care: to gender, ancestry and ethnicity, exploitation and trafficking in the lessons from history and the United socioeconomic status, disability, Western hemisphere. In many coun- States. British medical journal, sexual orientation and rural living tries of Latin America, HIV/AIDS 27 June 1998, 316 (7149):1970–1973. affecting health outcomes as well as incidence is high among Afro-Latin (6) Kurland J. Public the health effects that institutions, American men and women. This health in the new Millennium II. Social laws, policies and programmes requires special attention to the exclusion, may have on ethnic and racial added difficulties resulting from July/August 2000, 115(4):298–301 groups. 6 multiple discrimination.
7 Health and freedom from discrimination 3 - Determinants to inequalities in health
3.1 Health sector determinants Cultural sensitivity. There are other exclusionary factors associat- 11 - The most pertinent factors, which ed with language and cultural val- relate to the health sector, to explain ues. The cosmic vision of health and the discrepancies in the health situa- disease are part of belief systems, tion and service access indicators are: which vary with each ethnic group. According to some, disease can be Access to health services. Barriers caused by human beings with to health service access are a key fac- potent powers, by supernatural tor in differential health outcomes forces, or by accidents, excesses or among different population groups deficiencies. These beliefs can make within a society. There are several people reluctant to use modern practical reasons for these, including health services grounded in sci- location and cost. Historically, physi- ence. In these cases, traditional cal segregation on the basis of race medicine plays an important role in and ethnicity has been operative in disease prevention and cure. The neighbourhoods and/or regions. provision of modern health servic- Coincidentally, public services in es thus need to carefully account for these areas, including health services, different cultural beliefs in order to may be of lower quality and less effi- be sufficiently culturally sensitive cient. For example, physicians, equip- so as not to limit access of ethnic ment, and services are highly concen- minorities for this reason. trated in urban areas. Critical services are needed to ensure access to health services such as subsidized transport. The ILO Convention (No. 169) concerning Indigenous and Tribal Peoples in Inde- pendent Countries, 1991, obligates ratify- General comment on the right to the high- ing governments to ensure that: est attainable standard of health adopted by the Committee which monitors the 1. Adequate health services are made International Covenant on Economic, available to the peoples concerned, or Social and Cultural Rights, May 2000: shall provide them with resources to allow them to design and deliver such “Health facilities, goods and services must services under their own responsibility be accessible to all, especially the most and control, so that they may enjoy the vulnerable or marginalized sections of the highest attainable standard of physical population, in law and in fact, without dis- and mental health. crimination on any of the prohibited grounds. These include the requirement 2. Health services shall, to the extent pos- that they be within safe physical reach for sible, be community-based. These services all sections of the population. Accessibility shall be planned and administered in coop- also implies that medical services and eration with the peoples concerned and underlying determinants of health, such as take into account their economic, geo- safe and potable water and adequate san- graphic, social and cultural conditions, as itation facilities, are within safe physical well as their traditional preventive care, reach, including in rural areas.” healing practices and medicines.
8 Health and freedom from discrimination
General comment on the right to the highest attainable standard of health adopted by the Committee which monitors the International Covenant on Economic, Social and Cultural Rights, May 2000:
As well as being culturally acceptable, health facilities, goods and services must also be scientifically and medically appro- priate and of good quality. This requires, Photo: WHO/PAHO/Dana Downing inter alia, skilled medical personnel, sci- entifically approved and unexpired drugs 3. The health care system shall give pref- and hospital equipment, safe and potable erence to the training and employment of water, and adequate sanitation. local community health workers, and focus on primary health care while main- taining strong links with other levels of health care services. The timeliness of access to ser- vices is another relevant aspect to 4. The provision of such health services consider. People may have access to shall be coordinated with other social, health services but can only take economic and cultural measures in the advantage of them late in some country cases, making successful medical treatment impossible. This could account for the differential indica- The quality of services is another tors. The reasons why individuals aspect that must be considered to or groups delay consultation are in account for the differences between part related to the aspects men- the health indicators of majority tioned above—cost, location and and minority groups. Two dimen- language. However, they are also sions of the quality of care should related to people’s understanding be analyzed. First, the relationship of the health/disease process and between physician and patient, in to the knowledge and information which the ideological biases of the available to them on the role of dis- staff and the services can come into ease prevention and health promo- play, leading to differences in the tion. People will seek assistance quality of care within the same more readily when the health sector institutional health service provider. has an expanded comprehensive, Second, the training and size of the ethnic and sensitive perspective in professional team and the avail- the way that services are organized ability and use of technology, in and delivered. addition to the health model employed by the health team: WHO’s measurement of health systems’ practices geared to disease preven- responsiveness recognizes prompt atten- tion and health promotion (or the tion as “immediate attention in emergen- lack thereof) lead to differences in cies, and reasonable waiting times for health indicators. non-emergencies”.
9 Health and freedom from discrimination
In addition, international human rights principles include the obligation of gov- ernments to respect the right of individu- als to seek, receive and impart informa- tion and ideas concerning health issues. The provision of and access to health- related information is also considered an “underlying determinant of health” and, as such, an integral part of the realization of the right to the highest attainable standard of health.