The social determinants of health, law, and urban development: using human rights to address structural health inequalities in our cities. (18th November 2022)

• Record Type: Journal Article
• Authors: Montel, Lisa
• Is Part Of: Medical law review. Volume 30:Number 4(2022)
• Page Start: 680
• Page End: 704
• Publication Date: 2022-11-18
• Subjects: Health inequalities -- Human rights -- Right to health -- Social determinants of health -- Urban development -- Urban planning -- Legal determinants of health; Medical laws and legislation -- Great Britain -- Periodicals; Medical jurisprudence -- Periodicals; Jurisprudence -- Periodicals; Legislation, Medical -- Periodicals; Medical jurisprudence; Medical laws and legislation; Great Britain; 344.41041
• DOI: 10.1093/medlaw/fwac047
• Languages: English
• ISSNs: 0967-0742

Abstract

Abstract: The COVID-19 pandemic exacerbated profound inequalities in the conditions in which people live, work, and age. Law plays a critical role in shaping these structural health inequalities, which have existed for decades. This dynamic can be observed at the local level, with cities operating as environments unequally distributing the risks of non-communicable diseases between population groups. This article first focuses on urban development to explore the conceptual links between health inequalities and the role of law. I expand this observation and I posit that the social determinants of health are about human rights. With that in mind, I argue that human rights are necessary to address the issue of unequally unhealthy urban environments, hence recognising that people are entitled to a minimum essential level of the conditions in which they live, work, and age, which the State is responsible to fulfil. By way of strengthening my argument, I lay out how a human rights framework can improve these conditions and ameliorate unfair inequalities. Finally, I recognise and respond to the limits of a human rights approach.