Law, structural racism, and the COVID-19 pandemic

Abstract

Racial and ethnic minorities have always been the most impacted by pandemics because of: disparities in exposure to the virus; disparities in susceptibility to contracting the virus; and disparities in treatment. This article explains how structural racism, the ways in which laws are used to advantage the majority and disadvantage racial and ethnic minorities, has caused these disparities. Specifically, this article focuses on how employment, housing, health care, and COVID-19 relief laws have been manipulated to disadvantage racial and ethnic minorities, making minorities more susceptible to COVID-19 infection and death. This article uses Blumenshine’s 2008 framework to outline how structural racism causes racial and ethnic minorities’ disparities in exposure to viruses, in susceptibility to contracting viruses, in treatment of viruses, and in infection and death rates. This article discusses how historical and current practices of structural racism in existing employment, housing, and health care laws and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) cause disparities in COVID-19 infections and deaths. This article suggests legal solutions to address structural racism as well as public health solutions to help mitigate the racialized effects of the disease.

COVID‐19 Interconnectedness: Health Inequity, the Climate Crisis, and Collective Trauma

“…Historically, the research evidence documenting the differential impact of disasters on the most vulnerable, those in poverty, the undocumented recent immigrants, and communities of color, is undeniable ( Walz, 2017). The early COVID‐19 epidemiology of the pandemic in large urban settings follows this trend of higher mortality rates (Pilkington & Rao, 2020), and limited access to healthcare for people of color (Nuñez et al, 2020), as well as lack of access to tests and treatment for undocumented immigrants (Yearby & Mohapatra, 2020).…”

Disparities and ethical considerations for children with tracheostomies during the COVID-19 pandemic

“…There is a collective ethical duty to care for those infected with COVID-19 as well as those with other certain ethnic backgrounds [16,17]. Black communities, which have been historically marginalized, have disproportionately been affected by the pandemic, likely as a result of discrimination and long-standing societal inequities from institutional, interpersonal, and structural racism [8,17].…”

“…There is a collective ethical duty to care for those infected with COVID-19 as well as those with other certain ethnic backgrounds [16,17]. Black communities, which have been historically marginalized, have disproportionately been affected by the pandemic, likely as a result of discrimination and long-standing societal inequities from institutional, interpersonal, and structural racism [8,17]. Examples of these inequities include limited choices in housing leaving families to live in crowded apartments where social distancing is not possible, limited access to healthy foods due to food deserts and reliance on buses and subways for transportation [8,17].…”

“…Increas-283 ing representation of children with tracheostomies and 284 their caregivers to elevate their voices during policy dis-285 cussions can be integral towards promoting a patient-286 centered approach to solve these issues [42]. Finally, ef-287 forts directed towards collecting data on parameters that 288 are known to be influenced by disparities, such as race, 289 would be beneficial so that scarce resources can be op-290 timally deployed to communities most in need [17,36]. 291…”

Working with Bipolar Disorder During the COVID-19 Pandemic: Both Crisis and Opportunity

“…[6] Vulnerable populations -such as people with low income, racial and ethnic minorities, and those who struggle with managing their mental health -are also at an increased risk of contracting coronavirus due to factors such as lack of access to safe transportation (versus having to use subways/busing/metros), the inability to work at home due to unpaid time off, and differences in the type of jobs (low-wage essential workers like grocers, sanitation workers, home health aides, delivery drivers, and fast food servers all involve more exposure than desk jobs would). [17][18] [19] We cite all of this not to contradict the importance of physical and social distancing measures in the COVID era, but rather to underscore the potential consequences for vulnerable and marginalized populations.…”