The rule of law as a social determinant of health (Part 1)

Whilst it is readily conceded that the social production of health is a complex phenomenon and is not susceptible to casual inferences, it cannot be disputed that health is often a function of how law interacts with social conditions – and that social arrangements account for a significant portion of population health.

In this paper I offer my thoughts on the rule of law as a social determinant for health. I start from the premise that health is a fundamental human right. In international law, the right to health is understood as a “state of complete physical, mental and social well being and not merely the absence of disease or infirmity” . The right to health provides an overarching standard to guide the actions of governments as they use law to improve their health systems. At the heart of the right to health are fundamental principles, such as: availability, acceptability and quality.