Applying the Health Justice Framework to Address Health and Health Care Inequities Experienced by People with Disabilities During and After COVID-19

Washington Law Review, Forthcoming

Stetson University College of Law Research Paper No. 2020-4

55 Pages Posted: 9 Sep 2020 Last revised: 23 Oct 2020

See all articles by Robyn Powell

Robyn Powell

Stetson University College of Law; Brandeis University - The Heller School for Social Policy and Management

Date Written: September 6, 2020

Abstract

The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other members of marginalized communities. Indeed, an emerging body of scholarship has revealed striking disparities experienced by people with disabilities. In particular, scholars have shined a light on issues relating to triage policies that allow for the rationing of critical health care and resources, such as ventilators, for people with disabilities if resources become limited and hospitals cannot treat all patients during the pandemic. These injustices are a deserving issue that urgently warrants extensive consideration by policymakers, legal professionals, and scholars.

At the same time, however, it is crucial to elucidate the ways in which the inequities people with disabilities are experiencing during COVID-19 are the result of deeply rooted injustices that have endured over time. To do so, a comprehensive analysis of the inequalities experienced by people with disabilities before and during the pandemic is needed, focused on understanding how law and policy affect these disparities. This Article, therefore, builds on, incorporates, and extends the existing scholarship about COVID-19 and disabled people by positioning it within the health justice framework and proposing normative legal and policy solutions to address deeply entrenched inequities that will affect people with during the COVID-19 pandemic and beyond.

Keywords: COVID-19, disability law, health law, health justice, inequities

JEL Classification: K32, K10

Suggested Citation

Powell, Robyn, Applying the Health Justice Framework to Address Health and Health Care Inequities Experienced by People with Disabilities During and After COVID-19 (September 6, 2020). Washington Law Review, Forthcoming, Stetson University College of Law Research Paper No. 2020-4, Available at SSRN: https://ssrn.com/abstract=3687730 or http://dx.doi.org/10.2139/ssrn.3687730

Robyn Powell (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

Brandeis University - The Heller School for Social Policy and Management ( email )

MA
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
63
Abstract Views
620
rank
385,863
PlumX Metrics