Beyond the Market: Health Care as a Civil or Human Right?

A dramatic disconnect between principles and policies has hampered current U.S. health care reform efforts. This became obvious when candidate Obama declared health care to be a right and then proceeded to treat it as a commodity when negotiating with insurance companies a requirement for individuals to buy a commercial health insurance product.

Similarly, early on in the debate the president championed the principle of universality by promising some form of health coverage – if not necessarily health care – for 46 million uninsured people, only to lower the policy goal to 30 million American citizens in his speech before Congress, excluding many immigrants and low-income people. Since then, further policy provisions that restrict access to health coverage for immigrants – documented and undocumented – and reduce affordability for lower-income people have appeared in the health care bill adopted by the Senate Finance Committee. SEE THE REST OF THIS POST

Silence Is Betrayal

Over 10 years ago, I worked in the Occupied Palestinian Territories. As a legal advisor, I researched Israeli policy and practice of demolishing the homes of Palestinians. In the night, bulldozers would appear before a Palestinian home and raze it to the ground. Often, the occupants were able to flee in their nightclothes. Sometimes, they could not. I stood in countless piles of rubble during my time there, witness to inhumane and senseless destruction. One of my most harrowing visits to the crumbled ruins of a 92 year-old woman’s home haunted me for many nights. In dreams, as she had in life, she clung to me sobbing, “Please help us. Please help us. Please.”

I was there as part of an interfaith peace initiative that placed budding lawyers in the OPT, with the hope that by bearing witness to the human rights atrocities, we would return to the U.S. and shed light on shaded perception. It was an optimistic initiative, counting on us Jews, Muslims and Christians to reach beyond our identities into our shared responsibility for justice. Where this happens, I find the greatest hope.

After the past weeks, hope in the OPT is in short supply, but it came again when I received an email from my dear friend, Michael Ratner. It is not a message from a Jew to a Muslim about a holiday honoring a Christian. It is a message about the deep principles of justice and mutual obligation to shed loyalties to labels and honor that which is fundamentally human. Human rights have no tribe, no religion, no skin color, no ethnicity and no price tag. Its only loyalty is to the principle that we are each owed the dignity of an even, humane standard.

In these days, the situation in the OPT can sometimes feel overwhelmingly bleak, if you need a little hope, listen to King’s speech and read Michael’s words.

A note from Michael Ratner:

On the celebration of King’s birth I often read or listen to the anti-war speech that he gave at Riverside Church on April 4, 1967—A Time to Break the Silence. It was a powerful statement of his opposition to the Vietnam War. He spoke of how he was told to not oppose the war because his opposition would anger President Johnson and harm the civil rights movement. He was warned that “Peace and Civil rights don’t mix.” King admitted he held back because of this possible consequence for too long and failed to speak out earlier.

I bring this up today when I think about Israel’s recent invasion of Gaza. While we are celebrating King’s birth and the inauguration of Barack Obama, Israel invaded Gaza killing over 1200 people, men women and children, and injured thousands. It targeted UN buildings, homes, mosques, police stations, universities and media outlets. Thirteen Israeli soldiers were killed—a ratio of one hundred Palestinians for each Israeli. The international law violations have been well documented: disproportionate military force, attacks on civilian targets, collective punishment. The killings of the three daughters of a Palestinian doctor gave a face to those killed in way that numbers could not. Members of my broader family knew the doctor, had visited him in Gaza and heard from during the Israeli onslaught. He was terrified for his family, but had no way out.

When I heard the news of the murders of the doctor’s children I was at the Sundance film festival and had just viewed an amazing and moving film about radical lawyer Bill Kunstler called Disturbing the Universe. The film shows Bill in Chicago during the 1969 Chicago 8 trial. During the time of the trial Black Panther leader Fred Hampton was murdered by the Chicago police. Bill was appalled by the murder, but he did not just blame the Chicago police. He blamed himself and all white Americans. For it was white Americans that for too long had remained silent and accepted the pervasive racism and the murder of Blacks in our society.
This brings me to Gaza and role of American Jews and, in fact, of almost all Americans. For too long, and I do not exempt myself, most of us have stood silently by or made only a marginal protests about the massive violations of Palestinian rights carried out by Israel. I recall a conversation I had some years ago with the political artist Leon Golub, famous for his outsized oil paintings of torture carried out by American mercenaries in Central America. Leon told me that he had been invited to attend a panel to address what it meant to be a Jewish political artist. He said he had never thought of himself as a “Jewish political artist” but only as a “political artist.” Then he thought some more. Of the works of art he had made, none concerned Israel’s treatment of the Palestinians. And then he knew, at least for himself and probably many others: to be a “Jewish political artist” was to be an artist who avoided depicting the horrors inflicted on Palestinians. Of course, that is true for more than just artists. Many Jews who are very involved in human rights, ending poverty and war, and fighting for the underdog avoid criticism of Israel. They wrongly think that human rights are divisible; or that like ostriches they can hide their heads and pretend not to see what is clearly staring them in the face and makes them uncomfortable: the inhuman treatment of Palestinians.

Some of our willful blindness and refusal to act is a result of our ambivalence about condemning the actions of a people that have experienced pervasive antisemitism and the holocaust. Some of our hesitation to act results from the condemnation and opprobrium anyone, but especially Jews, encounter with even mild criticisms of Israel. Organizations that take a position against Israeli actions subject themselves to a loss of funding from foundations and individuals. Few can afford to do so. As long as this silence continues, so will the U.S. billions in aid and arms that facilitates the killings of Palestinians. As long as this silence continues, more and more settlements will be built. As long as this silence continues, there will be more and more Gazas and more and more children murdered.

The lesson here is simple, but difficult to act on. We are, each of us, responsible for the murders in Gaza. Our silence is betrayal. Each time we hesitate to speak out; each time we moderate our condemnation we become accomplices in killing. The time, if there ever was one, to show courage is now. Yes it will be difficult for many. As King said about the reluctance of some to oppose the Vietnam War:

“Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one’s own bosom and in the surrounding world. Moreover when the issues at hand seem as perplexed as they often do in the case of this dreadful conflict we are always on the verge of being mesmerized by uncertainly; but we must move on.

We must take King’s words to heart. We, each of us, “must move on.” We must begin somewhere even if it just means saying the issue is not off our agenda. Begin the discussion; begin to act; show that you care. And remember, “A Time Comes When Silence is Betrayal.” That time has come.