A Framework for Tribal Public Health Law

Hoss, Aila

doi:10.2139/ssrn.3428572

Cited by 6 publications

(12 citation statements)

References 21 publications

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“…Access to nutritious foods that were once produced by subsistence activities of farming, herding, hunting, and gathering have given way to greater reliance on processed foods high in fat, sugar, and salt (5). Poverty, unemployment, lack of transportation, and remote, rural geography with few grocery stores amplify the challenges to healthy food access (6).…”

Section: Introductionmentioning

confidence: 99%

“…The Navajo Nation has taken steps to assert its tribal sovereignty and self-determination to address health outcomes and restore hózhó, holistic health and wellness for its people, through its own data collection, policy development, and evaluation initiatives (6,12). For example, the Navajo Epidemiology Center, responsible for managing Navajo public health data, developed and implemented its own tribal health survey, the Navajo Nation Health Survey (NNHS), a tribal-specific Behavioral Risk Factor Surveillance System (BRFSS) survey (3).…”

Section: Introductionmentioning

confidence: 99%

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Practicing Tribal Sovereignty Through a Tribal Health Policy: Implementation of the Healthy Diné Nation Act on the Navajo Nation

et al. 2022

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Practicing Tribal Sovereignty Through a Tribal Health Policy: Implementation of the Healthy Diné Nation Act on the Navajo Nation

et al. 2022

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“…Scholars are pushing back on the deficit narrative that focuses on disparities, inequities, and disadvantages in tribal public health ( Tingey et al, 2016 ; McKinley et al, 2019 ). Hoss (2019a) begins to shift this narrative by providing a framework for tribal public health law that includes four pillars: 1) Native nations are inherently sovereign; 2) federal Indian law impacts intergovernmental relationships among Native nations, states, and the federal government (and, as a result, public health); 3) Native nations exert authority through tribal law; and 4) interventions without tribal consent can further undermine public health and promote structural violence. We situate this brief research report in this framework to understand the public health institutional capacity that exists in Indian Country during this current pandemic.…”

Section: Introductionmentioning

confidence: 99%

Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness

2021

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Indigenous Peoples globally and in the United States have combatted and continue to face disease, genocide, and erasure, often the systemic result of settler colonial policies that seek to eradicate Indigenous communities. Many Native nations in the United States have asserted their inherent sovereign authority to protect their citizens by passing tribal public health and emergency codes to support their public health infrastructures. While the current COVID-19 pandemic affects everyone, marginalized and Indigenous communities in the United States experience disproportionate burdens of COVID-19 morbidity and mortality as well as socioeconomic and environmental impacts. In this brief research report, we examine 41 publicly available tribal public health and emergency preparedness codes to gain a better understanding of the institutional public health capacity that exists during this time. Of the codes collected, only nine mention any data sharing provisions with local, state, and federal officials while 21 reference communicable diseases. The existence of these public health institutions is not directly tied to the outcomes in the current pandemic; however, it is plausible that having such codes in place makes responding to public health crises now and in the future less reactionary and more proactive in meeting community needs. These tribal institutions advance the public health outcomes that we all want to see in our communities.

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“…8 Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. 9 The social and structural determinants of health are the factors and conditions, such as housing, education, and politics, that create health disparities. 10 For years, law has been described as a tool to promote health 11 and even a determinant of health.…”

mentioning

confidence: 99%

“…8 Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. 9…”

mentioning

confidence: 99%

Federal Indian Law as a Structural Determinant of Health

Hoss¹

2019

J. Law. Med. Ethics

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Federal Indian law is the body of law that defines the rights, responsibilities, and relationships between three sovereigns, Tribes, states, and the federal government. This area of law has defined, oftentimes poorly, the contours of treaty rights, criminal and civil jurisdiction, economic development, among other issues. Much has been documented in terms of the implications of social, legal, political, and economic systems that perpetuate inequities amongst American Indian and Alaska Native populations. There has also been substantial research on health inequalities. Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. The social and structural determinants of health are the factors and conditions, such as housing, education, and politics, that create health disparities. For years, law has been described as a tool to promote health and even a determinant of health. And while research has explored Tribal health laws and federal Indian health policies, more needs to be analyzed in terms of the role of foundational principles of federal Indian law in perpetuating health disparities. This article argues that federal Indian law is a structural determinant of health by linking health disparities to the constructs of this body of law.

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A Framework for Tribal Public Health Law

Cited by 6 publications

References 21 publications

Practicing Tribal Sovereignty Through a Tribal Health Policy: Implementation of the Healthy Diné Nation Act on the Navajo Nation

Practicing Tribal Sovereignty Through a Tribal Health Policy: Implementation of the Healthy Diné Nation Act on the Navajo Nation

Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness

Federal Indian Law as a Structural Determinant of Health

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