Hi Ben, thanks very much for your thoughtful discussion. I'd appreciate a copy of your
talk that you mention at the end. To help address the question of invoking/using the law
in public health studies, please see the attached summary document written by a team from
The City Project in response to a request by the California Endowment, on addressing
health inequities using civil rights laws. The Endowment funds HIAs, and is very
interested in health issues in California, such as the Affordable Care Act
("Obamacare"). Of course, many of these lessons apply in other states, and have
some applicability in countries that have an intensive civil rights/human rights legal
enforcement system.
Marc
----- Original Message -----
From: "Ben Cave" <ben.cave(a)bcahealth.co.uk>
To: "marcomcast" <mbrenman001(a)comcast.net>et>, "Elizabeth Murphy"
<elizabethmurphy(a)flhsa.org>
Cc: "TRB Health and Transportation" <h+t--friends(a)chrispy.net>et>,
"Martin Birley" <martin(a)birleyhia.co.uk>uk>, "Jenny Mindell"
<j.mindell(a)ucl.ac.uk>uk>, "Ben Harris-Roxas (b.harris-roxas(a)unsw.edu.au)"
<b.harris-roxas(a)unsw.edu.au>au>, "Alex Scott-Samuel"
<A.Scott-Samuel(a)liverpool.ac.uk>
Sent: Friday, June 20, 2014 6:35:12 AM
Subject: RE: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Dear all
I add my voice to the chorus of support – this has been an interesting dialogue.
However … we have deviated from the original challenge that Marc posed, namely the
perceived failure of HIA to invoke/use legal definitions. [I have not revisited the
original question – probably a mistake – but I think that sums it up].
This is a valid challenge and one to which we HIA practitioners should respond. It is a
challenge for Public Health generally.
From my own point of view I think we should use all
levers we can to ensure that the recommendations made are irrefutable and are enacted.
Invoking a legal duty, where one exists, would seem to be a powerful way of doing this.
This applies as much to HIAs as to other engagements with policy (at any level).
Our conversation has ranged from human rights to the legal arguments in planning decisions
(my input) to the loan requirements levied by banks for large infrastructure projects.
The final section on humanitarian aid in Haiti is interesting and sadly not surprising
(diarrhoeal disease, sanitation and water supply are not fashionable topics that enjoy a
high media profile) but as Martin identifies it is not ‘on topic’. In the Haitian example
an authoritative statement on the necessity of enforcing building codes would have saved
lives. HIA was not needed here.
My decidedly lay understanding is that legal challenge is all about applying the law to a
specific case under scrutiny. How can Public Health help with this? A specific instance
might be taken to represent the whole but legal challenge is on that specific instance.
There are examples of public health analysis directly being used to formulate policy and
to set legal precedent (not the same thing I know) in Health in All Policies with regard
to tobacco, alcohol, sugar etc – it is clear that large amounts of political capital are
also needed to ensure the law is continuously enforced.
In analysis and recommendations in HIA it is easier to focus on health protecting aspects
eg air quality and noise than on soc dets. In the transport example Marc cited (placing a
levy on cars entering centre of city [San Francisco]) it would be simpler to get air
quality readings for a defined area and show they exceed or meet thresholds. The
population is relatively easy to define. The thresholds are clear and sanctions simple to
apply. The low-income group suffer – they will be geographically dispersed – the effects
will be harder to show and more open to challenge. Solutions to mitigate adverse effects
will be complicated and politically challenging.
What happens at a local level on an individual case? I have yet to find a way in which
public health can provide the definitive voice on individual cases at local level
concerning social determinants of health. We offer broader supporting evidence. We are
better at policy level where larger numbers of people are affected. Does this mean we are
of less use in individual cases? We can make a strong case if public health colleagues
have the time and resources to gather quantitative & qualitative information about
people living in a particular area and the likely effects that a change (transport policy,
opening of betting shop etc) would have. Would this be enough to set precedent in other
cases or would it be too specific? It would be expensive to do each time a legal challenge
was mounted
I end with questions – and I welcome all responses. I’d be interested in some
overarching/reflective comments from Marc given that he is the instigator of our
interaction.
I gave a talk to PH colleagues a while back where I touched on this – please get in touch
if you would like copy of text
Ben
Ben Cave
www.bcahealth.eu
Ben Cave Associates Ltd
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From: mbrenman001(a)comcast.net [mailto:mbrenman001@comcast.net]
Sent: 18 June 2014 17:23
To: Elizabeth Murphy
Cc: TRB Health and Transportation; Martin Birley; Jenny Mindell; Ben Harris-Roxas
(b.harris-roxas(a)unsw.edu.au); Ben Cave; Alex Scott-Samuel
Subject: Re: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Hi folks, thanks very much for the kind words. Attached is the evaluation paper. As I
mentioned to some of you, I also have a paper on social equity impact assessment that
might be of interest. For the bigger issues on planning, governance, and equity, you might
want to take a look at Tom Sanchez' and my book, "Planning as if People Matter:
Governing for Social Equity," Island Press, 2012. We also get into some difficult
issues like planning ethics. For those interested particularly in transportation,
Tom's and my book, "The Right to Transportation," American Planning
Association, 2007, might be of interest. This book does not have a heavy health emphasis,
and predates much discussion of HIAs. It does include material on the issues of people
with disabilities, however, which many analyses, even equity analyses, ignore.
Best regards,
Marc Brenman
mbrenman001(a)comcast.net
----- Original Message -----
From: "Elizabeth Murphy" < elizabethmurphy(a)flhsa.org >
To: "TRB Health and Transportation" < h+t--friends(a)chrispy.net >,
"marcomcast" < mbrenman001(a)comcast.net >, "Martin Birley" <
martin(a)birleyhia.co.uk >
Cc: "Jenny Mindell" < j.mindell(a)ucl.ac.uk >, "Ben Harris-Roxas (
b.harris-roxas(a)unsw.edu.au )" < b.harris-roxas(a)unsw.edu.au >, "Ben
Cave" < ben.cave(a)bcahealth.co.uk >, "Alex Scott-Samuel" <
A.Scott-Samuel(a)liverpool.ac.uk >
Sent: Wednesday, June 18, 2014 9:01:50 AM
Subject: RE: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Thanks so much for sharing this thought provoking and informative discussion with us all.
I am also interested in reading your paper, Marc. It seems that a number of us are.
Perhaps you could share it with the whole group? Thank you!
Best,
Elizabeth
Elizabeth Murphy
Active Transportation Specialist
Finger Lakes Health Systems Agency
(585) 224-3146 office
(916) 201-1626 cell
From: h+t--friends-bounces(a)chrispy.net [ mailto:h+t--friends-bounces@chrispy.net ] On
Behalf Of Salim Vohra
Sent: Tuesday, June 17, 2014 3:17 AM
To: mbrenman001(a)comcast.net ; Martin Birley
Cc: TRB Health and Transportation; Jenny Mindell; Ben Harris-Roxas (
b.harris-roxas(a)unsw.edu.au ); Ben Cave; Alex Scott-Samuel
Subject: Re: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Marc,
I would be interested in reading your paper. Good discussion thank you.
Best,
Sal
Dr Salim Vohra MBChB MSc PhD
| co-Chair of the Health (HIA) Section of the International Association for Impact
Assessment|
| the international association for HIA and IA practitioners, academics and consultants –
join today at
www.iaia.org |
| Public Health By Design, Craneshaw House, Hounslow, London, TW3 1DA |
| email: sal(a)publichealthbydesign.com mobile: 00 44 7 506 165 506 |
From: " mbrenman001(a)comcast.net " < mbrenman001(a)comcast.net >
Date: Monday, 16 June 2014 12:32
To: Martin Birley < martin(a)birleyhia.co.uk >
Cc: Alex Scott-Samuel < A.Scott-Samuel(a)liverpool.ac.uk >, Salim Vohra <
sal(a)publichealthbydesign.com >, Ben Cave < ben.cave(a)bcahealth.co.uk >, Jenny
Mindell < j.mindell(a)ucl.ac.uk >, TRB Health and Transportation <
h+t--friends(a)chrispy.net >, "Ben Harris-Roxas ( b.harris-roxas(a)unsw.edu.au )"
< b.harris-roxas(a)unsw.edu.au >
Subject: Re: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Thanks, Martin. Many of these international principles apply in principle but not in
practice in the US; they have little or no legal standing. Individual organizations could
adopt them, and also pursue their own visions, like the Gates Foundation. The values of a
very large and rich organization like Gates can drive international efforts. Gates has
been criticized for this; driving out other efforts.
I wonder about the effectiveness of the work of corporations "ahead of the national
government in which project is located." For example, when I look at sixty years of
humanitarian assistance in Haiti, I see almost no progress. Organizations built medical
clinics and hospitals that met no seismic design and construction standards, even though
they were on a known earthquake zone, and consequently fell down in the big earthquake a
few years ago. This argues for inclusion of best practices from various forms of
infrastructure when HIAs are done. This could be another example of the "silo"
or "stovepipe" problem.
Another aspect from Haiti is the fact that some otherwise highminded organizations refuse
to provide contraception, family planning, and abortion funding, services, or advice due
to religious and theological reasons. They thus perpetuate poverty and thus wipe out any
progress that may be made in another area.
A third example those medical people on this discussion know much more about than me-- the
lack of education and aid on basic sanitary services in places like Haiti. I watch
sophisticated medical services being provided, when a shipload of 50 cent Chinese shovels
and soap and instructions about digging pit latrines away from water sources and washing
hands could accomplish more in cutting the chain of disease transmission.
A fourth example from tragic Haiti is the emphasis by some organizations on electronic
solutions to "problems," using cellphone and computer networks, for example,
when much lower tech solutions are needed.
Sorry to go on like this, but when I look at evaluation of humanitarian operations, I see
this sort of thing. If anyone is interested, I have a paper on this subject.
Best,
Marc
From: "Martin Birley" < martin(a)birleyhia.co.uk >
To: "marcomcast" < mbrenman001(a)comcast.net >
Cc: "Alex Scott-Samuel" < A.Scott-Samuel(a)liverpool.ac.uk >, "Salim
Vohra" < sal(a)publichealthbydesign.com >, "Ben Cave" <
ben.cave(a)bcahealth.co.uk >, "Jenny Mindell" < j.mindell(a)ucl.ac.uk >,
"TRB Health and Transportation" < h+t--friends(a)chrispy.net >, "Ben
Harris-Roxas ( b.harris-roxas(a)unsw.edu.au )" < b.harris-roxas(a)unsw.edu.au >
Sent: Monday, June 16, 2014 12:06:42 AM
Subject: Re: [H+T--Friends] H+T--Friends Digest, Vol 38, Issue 4 - HIA
Marc
It would be great to have your detailed view of how the IFC PF and Equator Principles
apply in US in light of what US is and is not signatory to. Also how well IFC addresses
civil rights.
Treaties on human rights include the right to health. we have had legal opinion in the
past that this is about progressive realization and that decisions by government that
would reduce health are then in breach of treaty obligations.
In HIA I'm usually just constructing a justified argument to a corporation who are
concerned about their reputation, social license to operate and investment risk rating.
They are usually ahead of the national government in which project is located.
I think the IFC PS anticipates your point and expects clients to act even when government
is uninterested. It's a loan condition.
Martin