Revista Română de Bioetică, Vol. 13, Nr.1, January - March 2015 A VULNERABILITY/SOLIDARITY FRAMEWORK FOR A GLOBAL ETHIC: HISTORICAL & CONTEMPORARY APPLICATIONS Michael Olusegun Afolabi* Abstract Although bioethics seeks to address the basic problems of human flourishing, the articulation of a consensus moral framework remains almost elusive due to charges including intellectual hegemony, cultural domination and moral imperialism. This paper explores a phenomenological approach in relation to developing a global ethical framework. It fashions a vulnerability/solidarity framework drawing on trans-geographical narratives of domestic and trans-Atlantic slavery in West Africa as well as the Euro-American evolution of the human rights rhetoric and praxis. Applying this to the contemporary issue of medical brain drain, the paper shows how such a framework may help engage the local and global dimensions of bioethical issues. Keywords: Brain drain, Global bioethics, Human rights, Phenomenology, Slavery, Solidarity, Vulnerability Corresponding author : Michael Olusegun Afolabi - [email protected] * Center for Healthcare Ethics, Duquesne University, Pittsburgh, Pennsylvania USA 44 relation to the lifeworld is inexorable and sheds useful narratives.4 On this note, the paper uses two hypothetical case scenarios to explore the applicability of the VSF in relation to the quandaries of autonomy, local and global justice associated with medical brain drain. Because the VSF uses individual and social narratives drawn from different cultural and historical backgrounds, it side-steps the charge of moral imperialism which is usually levelled against a global ethic. However, to ensure clarity it is exigent that the notions of vulnerability and solidarity are set in their proper contexts. 1. Introduction & Background Evolution in moral consciousness has elicited varying degrees of social responses geared towards fostering human flourishing. While bioethics, at its core, seeks to address the basic problems of human flourishing,1 the articulation of a consensus framework remains almost elusive.2 In this regards, it has been argued that a global bioethical lens drawn from Western origins and contexts can only constitute a form of intellectual hegemony, cultural domination and moral imperialism.3 Drawing from the anatomical concept of muscular tonus, this paper argues that a vulnerability/solidarity framework (VSF) has had a recurring pattern in relation to morally problematic human experiences and, as such, constitutes a useful place to couch a global or common ethic. Employing the historical contexts of slavery and the human rights movement, it shows how issues of ethical concerns and the attendant responses have transcended national and cultural boundaries. It examines the contemporary issue of medical brain drain, attempts a justification and draws some attendant implications of the VSF in relation to global bioethics. 2.1. The Concepts of Vulnerability & Solidarity Vulnerability has been described as an ontological condition of humanity which fosters susceptibility to wounding and suffering from the actions of others. Hence, it embeds the need for reliance on the support of others.5 This suggests the idea that contextual differences between individuals potentially creates a vulnerable condition. In this vein, the presence of diversities –skin pigmentation, educational prowess, professional interests, technological capacities, health conditions, economic clout et cetera – creates foundational variances between persons in different locales, cultures and nations; thus, producing an inherently contextual vulnerability for everyone. This echoes the view that vulnerability is linked with the human condition.6 Seen through this lens, the contextual nature of vulnerability implies moral obligation from person A (who may be presently nonvulnerable) to person B (who may be 2. Methodology & Conceptual Clarification This paper employs the archival method of scholarly research. Using phenomenological narratives derived from slavery in West Africa as well as the human rights movement, the paper forges a vulnerability/solidarity framework. This approach mirrors the Heideggerian idea that the relationship of the individual in 45 presently vulnerable). Such an obligation also implies the need for action towards helping the vulnerable with a view to mitigating underlying causes. In another sense, vulnerability has been associated with conditions that put certain categories of humans in a state of ready manipulation, coercion and/or deception facilitated by background powerlessness or disadvantaged status.7 As a consequence of their vulnerable condition, such categories of people are ready prey to harm or threat by others.8-9 This paper combines both uses of vulnerability. Solidarity entails collective action. It implies the unity of a group or a subgroup in terms of seeking cooperative action. It has been described as a naturalistic and teleological impulse which joins one human to another to foster companionship and societal interests.10 If solidarity is indeed naturalistic and teleological, then it does not necessarily have to involve group or subgroup actions all the time. In other words, solidarity may be contextually expressed from an individual to a group. Imagine a university professor who observes a group of students being unjustly failed by another professor in the same university. Since this is contrary to the spirit of academia, he would probably act or express solidarity by taking some courses of actions to mitigate such a trend. For some scholars, solidarity embeds a moral feeling of indignation against various forms of disrespect which engenders specific actions. In this vein, it may generate a rallying point for members of movements in a struggle.11 Elsewhere, Wilde conceptualizes solidarity as a feeling of sympathy shared by people within and across groups which impels supportive action.12 Given that solidarity is a social construct (or social fact in Durkheimian terms), the presence of different groups within society implies the idea and possibility that solidarity may manifest in specific societal contexts or segments. On the other hand, the inherent nature of solidarity implies that its manifestation will not be limited by geographic time, place and culture. 2.2. The Vulnerability/Solidarity Framework The idea that vulnerability and solidarity are inherent human capacities has been underlined in the preceding part of this section. That both of these are teleological and linked to human nature suggests the possibility for a nexus of relationship, especially since both are linked with social action. On this note, this paper advances the notion that a vulnerability/solidarity framework constitutes a lens for engaging morally problematic issues. In this regards, a VSF may be likened to the flexorextensor system in muscular systems. Here, the action of a flexor muscle acts against an extensor muscle in an agonist-antagonist manner to produce a tonus which elicits movement.13 In analogical terms, vulnerability may be seen as the extensor upon which a morally reprehensible stimulus (flexor) acts to generate a corresponding tonus or action (solidarity). On the other hand, while the notions of vulnerability and solidarity are Western constructs, that they are inherent human capacities connotes the plausibility that they –as concept and praxis- may be found in non-western geographies. For instance, 46 that the Newtonian idea that all bodies of matter would remain at rest if left undisturbed was phrased by Isaac Newton does not imply that other cultures were bereft of such an intuitive understanding. Take the case of an uneducated hunter in a remote part of Papua New Guinea who has downed a large game but realizes that he is unable to transport it alone. Without invoking Newton’s laws, he probably knows that the game would remain intact (provided it does not get stolen) if he goes to seek help from another hunter nearby. Similarly, that the Arabian/Hindu-derived numerical system has been adopted in contemporary society14 does not mean that non-Arab and non-Hindu cultures were bereft of a numbering system prior to that adoption. With this as a conceptual foreground, the next section of this paper elaborates the VSF via the analysis of three historical events set in different geographies and time periods. subjugation of one individual to the will of another single human being, or to the will of several persons if the ownership is multiple.15 This connotes a sense of permanent powerlessness and the absence of autonomous capacities for people who become slaves. Whereas what has been described as domestic servitude in the West African context falls short of this conception, the “slavery” terminology has persisted for want of a better description. To be sure, there was present a system of social oppression such as serfdom, domestic servitude and human chattel; yet, those caught within it (through intertribal wars, commerce, personal pledge to a King etc.) had some measure of autonomy such as rights to marry, own land, and their children were not considered slaves.16. In the Sokoto Caliphate, slaves could acquire cash by working on their own for an agreed time period and pay a form of taxation (called wuri) in return.17 In Ibadan, domestic slaves were used for agricultural production as well as manning businesses owned by elites.18 In the Akan and Adangme tribes of Ghana, slaves were also used for agricultural production as well as for household chores and as porters.19 In spite of this indigenous system of slavery, it seems that the African notion of personhood which encompassed an inherent moral worth or human dignity20 was still applicable to domestic slaves as evidenced by the latitude of freedom and rights (though in a restricted sense) such slaves had. Indeed, some scholars have identified some streak of egalitarianism in the West African indigenous slavery system.21 The Yoruba tribe, for instance, treated slaves as part of the family, eating from the same bowl, 3. Historical Contexts and the Vulnerability/Solidarity Framework In this section this paper attempts to examine selected historical contexts in which injustices to vulnerable sets of people elicited responses of solidarity. 3.1. Slavery in West Africa Since the events associated with slavery in West Africa were played out in two distinct contexts of the “domestic” and transatlantic phases, its thematic examination is best pursued along those lines. 3.1.1. Domestic Slavery in West Africa Slavery entails the complete 47 using the same dress in common so much that slaves were (except at work) indistinguishable from a free member of the household.22 The case of Efunsetan Aniwura exemplifies a historical context of ethical intervention into the plight of the vulnerable. Efunsetan was an elite as well as a Minister of women affairs in Ibadan in the mid-1850s who owned more than two thousand slaves in her lifetime. Following the death of her only daughter, Efunsetan became cruel to her slaves, limiting their hitherto privileges, and prohibiting such activities as the right to marry and bear children. Death and gross physical abuses were suffered by erring slaves. But in spite of her social status, she was sanctioned, lost her title and asked to go on exile by the Ibadan ruling Council. Rather than suffer such shame, she committed suicide. The Council thereafter set all her slaves free.23 This incident may be interpreted through the VSF. In this vein, the inhuman actions of Efunsetan were probably seen as morally reprehensible as they placed her slaves in a completely defenseless and vulnerable state as opposed to the status quo. By identifying with the slaves’ vulnerability, the Council could act in solidarity. In ethical terms, this involved weighing and balancing the interests of an autonomous slaveowner (Efunsetan) and vulnerable people (the slaves) against the moral standards of the community. This may be better understood against the backdrop of the indigenous ethical concept of Ubuntu which entails a sense of human interconnectedness and dignity that one has towards others, firstly in the cultural group to which one belongs, and secondly to all other human beings.24 In other words, though the Council belonged to a different echelon of societal strata, they were morally obligated to act due to their ubuntic duty to the slaves who equally constituted part of the society. 3.1.2. Transatlantic Slavery in West Africa Whereas domestic slavery in West Africa did not entail the absolute subjugation of one individual to the will of another, transatlantic slavery did as it stripped the slaves in that context of all forms of freedom.25 Indeed, transatlantic slavery foisted the absolute power of life and death over captured and/or bought persons.26 Falola notes that no other cases of human trafficking compare with the transatlantic slave trade in terms of magnitude and impact.27 Although the Euro-American initiators and participants in the trans-Atlantic slave trade appealed to the notion of res nullius in describing the discovered African territories and consequently described the populations as barbaric;28 the West African victims of slavery belonged to tribes with distinct customs and ways of life. Their notion of personhood, for example, encompassed an inherent moral worth or human dignity as well as a high sense of communal obligations.29 To be sure, scholars like Small and Walvin note that Africans endlessly rebelled against the transatlantic slavery and constantly affirmed their humanity and asserted their dignity.30 Seen this way, and because slavery entailed personal, and social disruption of the dignity of living; it would be expected that those on whom attempts were made for capture as well as those who were captured should find slavery in the transatlantic context morally 48 good to foster cosmological balance.34 The antislavery abolition movement also exudes some elements of the VSF. Although Enlightenment writings as well as the activities of Evangelical Christians and Quaker-inspired societies such as the British Society for the Abolition of Slave Trade have been pegged down as instrumental for the success of the end of the transatlantic slavery; the underlying basis for these actions largely involved a sense of sympathy and moral queasiness for the slaves and the filth, disease, the cruelties and mortality incident to the capture and sale of Africans.35 In other words, an increasing sense of recognizing captives of the transatlantic slave trade as vulnerables and the concomitant interpretation of the whole process as morally reprehensible was integral to the solidarity which ultimately brought the slave trade to an end. This again echoes the VSF as well as how competing interests (economic versus moral concerns) needed to be balanced via solidarity as a form of social intervention. reprehensible. This idea clearly stands in stark opposition to the standard narrative that West African slaves accepted bondage for four hundred years and were unhappy with abolition movements of the nineteenth century.31 However, it offers a useful explication for the attendant slave revolts which characterized transatlantic slavery. These revolts constituted attempts by free Africans to rescue captured slaves as well as the attempts of captured slaves to revolt during embankment, transportation on the Atlantic Ocean and at the homes/plantations of slave masters. In all, over four hundred revolts have been documented; though only the Amistad incident of 1839 has received popular attention.32 This foreground sheds some insights into how West African peoples saw transatlantic slavery as morally reprehensible, and underscores how slavery was forceful and fatal as well as the fierce struggles for liberty and freedom that characterized the process.33 But it also points towards the presence of an inherent capacity to recognize loss of freedom as morally repugnant, and the need to take action on the cause(s) of such. If the VSF is an inherent human element, then it could be expected to apply to the transatlantic slave context as well and ultimately to the antislavery movement. In this regard, one could describe the pre-boarding revolts as a form of solidarity from free/uncaptured West Africans towards the powerless and vulnerable captives. Similarly, the post-boarding revolts may be seen as representing solidarity from the stronger captives towards the common fate they shared with the weaker ones, spurred by ubuntic duty which embeds promoting common 3.2. Human Rights & Bioethics Thought vis-à-vis the VSF This section examines briefly the evolution of the ideas and practices of human rights and the bioethics enterprise in relation to the VSF. 3.2.1. The Human Rights Rhetoric The notion of human rights has been conceived differently at different times, in different climes and for different segments of different societies.36 By examining the social and political evolution of the concept and praxis of human rights in the 49 French and American revolutions till the United Nations Universal Declaration of 1948, elements of the VSF may be brought to the fore. Waves of moral concerns expressed by certain individuals over the morass of human cruelty were foundational impulses in the human rights development. The Calas affair in France, for instance, inspired Voltaire to deplore the inhumane treatment. So did punitive measures such as branding, torture, quartering and guillotining in England and America inspire intellectuals of society to begin applying rational principles to engage and repudiate activities deemed incompatible with natural rights or human right (though the latter was phrased latter). This moved from the sphere of individual reflection to the niche of social and collective solidarity which engendered a call for more lenient punishments for social wrongs.37 In other words, human empathy towards vulnerable people (victims of torture, guillotining quartering etc.) by certain group of individuals fostered action or solidarity which partly obviated what was considered morally objectionable and wrong. The solidarity or action directed against acts deemed unjust or inhuman needed a political structure for larger scale success. In this vein, the notion of natural law as an outcome of natural rights38 was employed in the American and French contexts as a rallying point to channel displeasure against extant political Sovereignty. It may be argued that by recognizing its vulnerable position via British colonial domination, the American Revolution constituted a kind of solidarity to repudiate the clout of the British Empire in 1776.39 A similar pattern occurred in the French Revolution which usurped the Monarchy system. This same idea is echoed in part by the Universal Declaration of 1948 aimed at excising barbarous acts faced by humnity.40 3.2.2. The Bioethics Enterprise While Potter coined the term “bioethics” broadly it caught on within a narrow context.41 The contents of the discipline may be traced partly to the moral problems associated with scientific research, clinical practice, health policy etc. which fostered the need for a framework for reflection and action on these issues.42 Although these issues were partly pivotal to the birth of bioethics, human rights abuses were an essential impetus. To be sure, unpleasant historical events exemplified by the role of scientists and physicians involved in the use of Jews for bizarre and extreme research projects and their mass extermination in the gas chambers of the Nazi holocaust during the second world war as well as the Tuskegee syphilis research scandal brought to light the need for some measure of control in biomedical research.43 These inhuman occurrences led to the creation of some national and international codes including the Nuremberg Code, Helsinki Declaration and the Belmont Report. Other Declarations have since emerged such as the Universal Declaration on Bioethics and Human Rights aimed at upholding human dignity and rights in clinical trials; while some of the earlier ones have undergone periodic modifications and revisions.44 Elements of the VSF may be teased out within these historical issues and developments. The harms experienced by patients and research 50 diversity.48 It may also be supported by the prevalence of the concepts of respect for autonomy, beneficence, non-malficence and justice as focal principles drawn from the ethos of moralism, meliorism and individualism in American ethical thought in contrast to principles such as liberty, therapeutic wholeness, solidarity and social subsidiarity employed by European ethicists.49 The phenomenological nature of the VSF however seems to mitigate the charge of moral relativism vis-a-vis a global ethic. subjects clearly made them vulnerable. At the same time, the epistemic uncertainty engendered by the challenges of new biomedical technology equally made physicians and scientists contextually vulnerable qua human beings. Consequently, the moral outrage and queasiness associated with these facilitated increasing action or solidarity. For instance, in the United States, social deliberations such as the Mondale hearings of 1968 and the Kennedy hearings of 1973 may be seen as the nexus of solidarity which ultimately birthed avenues for concrete solutions such as the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research which became law in 1974.45 To be sure, the Hastings Center, the Kennedy Institute and the Society for Health and Human Values may be described as offshoots of the solidarity response to the vulnerability issues that were thrown up by the emerging bioethical impetus. The VSF partly echoes Potter’s broad vision of bioethics as a general normative ethic built on an increasing feeling of solidarity between human beings.46 Indeed, if the idea that the VSF is a culture-free inherent feature of humans is true, it again echoes Potter’s thesis for the use of the biological knowledge of man to foster social good.47 Although this raises the possibility for normative consensus, the fact that contextualized social ambiences have shaped the trajectories of bioethical reflection and praxis is a recurring drawback. Such position leans towards ethical relativism, and may be supported by the absence of moral consensus after more than two thousand years of philosophical reflections on morality and moral 4. Global Bioethics & the Vulnerability/Solidarity Framework Although issues like abortion, euthanasia, transplantation and resource allocation constituted major thematic foci of bioethics in the 60s and 70s, this is no longer the case. Perhaps, as an offshoot of the globalizing and interconnected world which unearths novel aspects to the basic problems of human flourishing,50 a global ethic is emerging to establish a liberal, social and democratic morality geared towards the political realities embedded in healthcare.51 This seeks the cooperation of nations and multinational organizations relevant to socio-political and economic contexts to promote wellness, eliminate avoidable diseases, prevent harm and encourage courses of actions which are amenable to this end.52This state of affairs inevitably foists particularistic as well as global dimensions on the bioethical enterprise. Hence, the validity of any global framework would necessarily lie on its capacity to deal with the local and global elements of bioethical issues. Medical brain drain (MDB) provides an example of a 51 bioethical theme with both local and global dimensions. This section therefore explores this theme in relation to the VSF. community and social investments. This jeopardizes the benefits that nonmigrating members of society draw from the staff-depleted healthcare system. To be sure, acquiring professional skills through public resources and public institutions foists some attendant social responsibilities which, by implication, ought to limit or restrain beneficiaries of such schemes from engaging in MBD.58 Hence, migrating to wealthier societies following the accumulation of community and social goodwill is an act that warrants moral repudiation. But restricting the choice of migration connotes a human right rhetoric. While people as holders of certain inalienable rights may choose to remain in their countries of origins or travel elsewhere, the moral currency incurred in relation to getting an education through public funds demands that the rights to migrate embed some contextual qualifications or restrictions. Indeed, the right to migrate for work in greener pastures has the unintended consequence of depriving home countries of essential human capital. As such, core problems facing such countries remain unattended, and as this scenario widens existing inequalities between the South and North, a vicious circle is an aftermath.59 This raises the tendency that local populations would hardly have ample health professionals to provide some of their basic health needs. Seen through the lens of the right to health rhetoric, MBD entails a violation of human rights for since the rights of one person or a small group of individuals thwart the rights of a larger group.60 Although this conflict of rights may not necessarily occur directly or intentionally, it brings about an attendant issue of injustice 4.1. Medical Brain Drain vis-a-vis the Vulnerability/ Solidarity Framework Brain drain involves the transgeographical movement of educated human capital for socially or economically motivated reasons. It is closely associated with migration of health professionals, but may be used in a wider scope to include professionals in the academia and research industry whose pattern of migration also mirrors this. Although the recruitment of Rene Descartes by Queen Christina in 1649 for tutelage in philosophy shows that the phenomenon is not entirely new,53 the cascades of workers’ emigration in the 1960s from low to high-income countries54 and as they have particularly been played out in the healthcare context raises several ethical issues.55 Against this background, this section explores some of these issues in their local and global dimensions. 4.1.1. Local Ethical Dimensions Governments have the moral responsibility to promote health and foster social development.56 To this end, wealthy and less wealthy nations invest in the education of its citizens through subsidies, research grants, tax cuts, building hospitals and clinics and making cadavers available for the acquisition of clinical skills.57 However, in the context of financially struggling nations, MBD constitutes an ethical issue as it entails the loss of 52 For instance, of the approximately five hundred physicians that have been trained in Zambia, only sixty currently practice there. In Zimbabwe, only about three hundred and sixty physicians were practicing in 2006 of the one thousand and two hundred trained in 1991.61 The emigration of health workers therefore reeks of social injustice. Indeed, if state institutions have a special obligation to maintain an adequate density of health workforce62 in order to realize the availability of the special and necessary “commodity” called health; then brain drain shortchanges the capacity of states to perform and accomplish this critical obligation. On that ground, brain drain becomes unethical and warrants repudiation. If social justice is conceived as the internal arrangements and structures within a society,63 the injustice embedded in health worker migration is partly underscored when social expectations are considered. This has at least two dimensions. One, by investing in the educational and research trainings of health workers government expects that they would serve the populace in return, at least for some part of their careers. Although it may seem that by sending some remittances to their home countries64 émigré professionals offset some of the social capital spent on them, the net benefit generally does not offset the massive financial and human resource loss.65 Secondly, the public — aware of the several health initiatives of the government— expect that public clinics and hospitals would have better manpower to meet their minimal health needs should they fall sick and need public health services. Considering the fact that a continent such as Africa bears roughly 24% of the global burdens of disease with only 3% of the global health workforce,66 the deprivation of health services via MBD is doubly worrisome. Hence, MBD not only constitutes social injustice to government and populace but is also a betrayal of social expectations and trust. 4.1.2. Global Ethical Dimensions The ethical issues associated with MBD traverse beyond the local shores of less wealthy nations or source countries as they also apply to wealthier or destination countries. MBD thus embeds global dimensions. Indeed, the capacity to offer better pay, working conditions and job security which readily lure health professionals has been described as a stripping off of critical resources to which source countries are morally entitled.67 One of such resources lost from the South to the North is the huge financial investments that have been incurred through educational, research and professional training to health workers. Ghana, for instance, is estimated to have lost about thirtyfive million pound sterling of its training investment due to brain drain.68 Roughly 20% of the health workforce in the United States, New Zealand, Australia, United Kingdom and Canada are products of the process of MBD.69 While destination countries use MBD-recruited professionals to augment their domestic healthcare worker shortages,70 some often employ active employment of professionals from the South.71 Whereas medical brain drain constitutes a brain gain, because the health systems in destination countries are already better off some scholars have argued that the harms 53 experienced by the health sectors of source countries and their populations demands that the process be considered unethical. In other words, the harmderived benefits of MBD are really no benefits at all as they foster extant inequalities between the North and South.72 This again raises the question of justice, though on a global scale. Seen through a cosmopolitan lens, migration restriction offers a means of engaging the global justice aspects of MBD. Although this would cause some los to destination countries, the consequent gains that would accrue to source countries would be enormous, and contribute towards addressing extant disparities. In other words, the right to emigrate needs to be balanced against the social responsibilities that health professionals have to their home countries.73 This however, raises questions on autonomy in relation to freedom of travel for work. Health professionals exercise their autonomy when they choose to accept job offers from rich destination countries, though bad conditions in their home countries may play a key role in making refusal difficult.74 In other words, individual health workers decide to apply or not to for job vacancies abroad, and when such materialize they equally decide to go or not to go. This entails a level of premeditation which spans noneconomic dimensions. Indeed, working abroad entails leaving behind friends, close relations and a whole gamut of other extant relationships. This suggests that health professionals who emigrate do so because that is what they really want to do. Nevertheless, if such decisions on aggregate exert harmful consequences on vulnerable populations and the health systems of source countries, it calls for the need for restriction. Indeed, the autonomous decision to emigrate has been linked with the attendant consequence that each migration inspires about four others.75 The ripple effects of this on the healthcare systems of source countries are potentially disastrous, and worrisome. The question of whether health-workers have a right to freedom of professional movement or whether this may be limited is therefore a recurring ethical issue underlying debates about brain drain.76 This derives largely from the moral impasse of finding a balance around autonomous migration, local and global justice. 4.2. The Quandaries of MDB visà-vis the Vulnerability/Solidarity Framework This section examines the ethical dilemmas or quandaries of MBD in relation to how the VSF may help engage these in source and destination countries. 4.2.1. The Quandaries in Source Countries The VSF as elaborated in this paper affirms the primacy of vulnerability in setting off the chain of moral repugnance from the sphere of individual to sub-social and/or social perception which gives rise to solidarity that ultimately engages the state of affairs. In applying the VSF to the issue of MBD in source countries, a prior task involves identifying who amongst the actors including the government, society and health professionals constitute the vulnerable group. This question will be addressed drawing from how MDB typically plays out in the sub-Saharan African 54 context. scenario: Consider the following characterized by rational economic choices.80 Similarly, Mr. Y’s overseas study is not necessarily a form of brain drain as it could have been borne out of the absence of local expertise or funding opportunities. This is consistent with the documented notion that some African health researchers emigrate in order to circumvent some of the core challenges of their work or career.81 The background conditions around Nurse Y and Mr. Y thus foster a contextual state of vulnerability. On the other hand, the charge is often levelled that the decision to emigrate deprives home countries of professional skills and services. Yet, the presence of health professionals in subSaharan Africa does not often imply patronage by the populace. Indeed, there a number of underutilized hospitals and healthcare centers abound, a situation fuelled partly by cost considerations, mobility, non-congeniality of services and service-related chores such as queuing for cards and long waiting periods.82 Since about 65% of African people rely on traditional medicines for their basic health needs;83 underutilization of some health facilities may reflect the fact that some people derive their health needs through non-western medicine. If this is true, emigration of professionals employed in such facilities does not necessarily leave the local population contextually vulnerable due to health deprivation. To be sure, the local justice polemic built on the health deprivation logic assumes that there is a direct correlation between the poor health indices found in sources countries and the migration actions of health professionals. For instance, Dwyer argues that the life expectancy disparities between Canada and South Mrs. Y. graduated from a Bachelors of Nursing program in an African university. All her educational life, her parents have paid the bill, sometimes having to sell personal belongings. Her husband, a public health expert, has just received a scholarship for a doctoral study in Canada. Since their marriage is only six months old, they decide she has to go with him. Incidentally, Canada is in need of health workers; as such, Nurse Y plans to work upon arriving Canada. This scenario echoes the autonomous nature of professional migration. It however highlights the associated nuances. While Nurse Y has decided to emigrate and has the intention to offer her professional services to the Government of Canada who partly depends on such for meeting Canadians’ health needs,77 that decision is not entirely autonomous per se. Specifically, the dearness of her marriage and the potential working opportunity which would provide a means to repay some of her obligations to her parents who invested in her education would be key. Here, it is important that to note that Brassington’s analysis that parents have only unidirectional moral commitments to their children78 is not consistent with the African worldview. Specifically, the African nexus of parent-child obligations is generally didirectional such that children are obliged to show their appreciation of the parental care they received early in life when they become adults.79 The case thus shows how MBD in the African context is not always 55 Africa speaks against the drawing of health personnel from the latter.84 Others have argued that such poor indices result from failure of governments to invest in the health sector.85 The contributions of larger socio-political factors such as years of Apartheid and violence in South Africa and the roles of externally imposed schemes such as the Structural Adjustment Program (SAP) in most African countries are however hardly engaged. Indeed, Loewenson remarks that SAP was instrumental to rising illhealth, and decreasing access to health care in the two-thirds of the population of African countries.86 Scholars like Akokpari have contended that SAP with its attendant deceleration of development facilitated MBD.87 These observations show how background external initiatives created conditions which facilitated a contextual climate of vulnerability that may enhance professional migration. Lastly, the nuanced nature of the quandary of local justice is further highlighted by the African order of relationships which ubuntically ranks family members above strangers. The nexus of contextual vulnerability around Nurse Y and Mr. Y in relation to their family members would therefore matter more compared to that which may be foisted on society by their departure. Indeed, if professionals who receive public education incur greater social responsibility88 then privately educated ones could only at best have supererogatory responsibilities. That is, only the migration of state-sponsored professionals leaves the state’s purse exploited or contextually vulnerable in relation to fulfilling its health obligations to her citizens. What kinds of solidarity responses should the sets of vulnerabilities incorporated in these analyses provoke? Government educational investment leads to huge financial losses when professionals so trained migrate. The solidarity response to quell the contextual vulnerability which society suffers through the loss of skills acquired at public expense may be realized in two possible ways. Firstly, the implementation of formal contractual arrangements that specify periods of payback through service between sponsoring governments and benefiting professionals. In this regards, some scholars have suggested that more conditional subsidies and scholarships on the part of government would help slow down or reduce the prevalence of MBD.89 If such agreements are signed in a freely autonomous capacity it would imply a corresponding responsibility90 and accountability on the parts of signers in relation to specified terms and conditions. Indeed, this ethically eliminates the charge of human rights violation vis-à-vis travel restrictions. Secondly, the solidarity response that MBD should provoke involves the action of government towards engaging the issues underlying professional migration such as poor working conditions and lack of technological capacities. The emigration of selfsponsored professionals is hardly pleasing to governments in source countries. But if privately-funded health professionals who choose not to practice (of which there are quite a few in sub-Saharan Africa) 91 are not being heckled, there can be no moral basis for heckling those who choose to emigrate upon self or family sponsored education. From an ubuntuan perspective, the sets of people left contextually vulnerable in this regards are family members, friends and 56 relations. However, the decision of non-publicly educated professionals also renders the clientele of their hospitals or students in their universities contextually vulnerable. While it is difficult to argue that someone who chooses not to remain employed in an institution have obligations towards the clientele, the emigration-induced vulnerability warrants some action, albeit supererogatory. Professionals engaged in MBD may therefore show solidarity through remittances. An average Africa-trained physician in North America is estimated to send about US$6,500 per year to family, friends, or charitable organizations in their source countries.92 Also, the Diasporic communities have been known to engage in projects to uplift specific sectors in their home countries. For instance, The Ghana-Netherlands Healthcare Project seeks to transfer knowledge, skills and experiences through short-term projects as well as practical internships for Ghanaian residents and specialists physicians.93 Lastly, the Ibadan College of Medicine Alumni Association based in the United states has as one its core goals the development of the University College. This is partly accomplished through funding short-term scholar exchanges and the provision of critical technological and scientific equipment to the College research staff. Gestures of individual and group solidarity such as these satisfy the ubuntic obligations to relations and society. nexus of vulnerability is also exigent in terms of how the phenomenon typically plays in this context. Consider the following scenario: Dr. M is a practicing physician and metabolic researcher in a Ghanaian University Teaching Hospital. In the latest edition of the local medical journal, he found a job advert by a recruiting agency for endocrinologist positions in New Zealand. Dr. M decides to apply for one of the posts, and believes that relocating would not affect the family so much as their kids are already away in the university while his wife’s private business could be managed in absentia. This case highlights the active or aggressive recruitment mechanism through which destination countries sometimes drain professionals from source countries.94 Knowing that quite a number of Africans grew up with the fascination of living or travelling abroad,95 such adverts for jobs abroad as well as the socioeconomic realities in most African states creates a climate of contextual vulnerability that is amenable to MDB. If Dr. M were a self-sponsored professional, his emigration decision poses little ethical bottlenecks (as shown in the preceding section). However, due to the extant absence of contractual agreements between public-funded professionals and government, Dr. may (if he belongs to this category) still decide to emigrate. The solidarity responses relevant to this scenario may involve the need for source countries to place travel restrictions on professionals who have acquired educational training at the expense of public funds and have hitherto signed a contractual 4.2.2. The Quandaries in Destination Countries To understand and apply the VSF to the issue of MBD in destination countries, an identification of the 57 agreement. In this day and age of epassports, such restrictions can be readily implemented. While such restrictions will not preclude overseas travel for conferences and short-term scholar exchange programs, there is still some possibility that some professionals may still travel for shortvisits and thereafter fail to return to their jobs. At the same time, the corruption which is high amongst government officials raises the possibility that some public-funded professionals may also bride their way to emigrate. On this note, destination countries have at least two duties of solidarity which can be realized through international cooperation. This echoes Article 24 of the UNESCO Universal Declaration on Bioethics and Human Rights which affirms the promotion of solidarity towards individuals and groups including vulnerables and encourages bilateral and multilateral agreements between and amongst countries in the South and North.96 In this vein, there is need for the recruitment process of professionals from source countries to take into account whether or not shortlisted job candidates have existing bonds for working in source countries. As mentioned earlier, the e-passport avenue can facilitate easy crosschecking. Those found to be on such bonds would automatically not be eligible for employment. Secondly, it has been noted that in times of economic distress, there often runs a tendency for destination countries to use immigrants as scapegoats in terms of making them lose their jobs or benefits associated with job loss before citizens suffer similar fates. This has been reported for countries like Saudi Arabia and Malaysia.97 This springs partly from the xenophobia associated with economic policies in relation to migration 98 but it creates a contextual kind of vulnerability for self-sponsored professionals who engage in MBD. In this vein, there is need for UNESCO member states to show solidarity through encouraging destination countries to have prior legally binding agreements with MBD-recruited professionals stipulating that in the event of any economic crisis, they will not be victimized. With reference to the VSF, the analyses in this section have demonstrated how the contextual types of vulnerabilities that accompany MBD in both source and destination countries may be mitigated via context-specific kinds of solidarity. On this note, the last section of this paper examines how a VSF may be justified, and some of its implications for global bioethics. 5. Justification & Implications of the VSF for Global Bioethics Employing the ethical analyses of MBD, this section draws possible justification and some of the implications of the vulnerability/solidarity framework for global bioethics. 5.1. Ethical Justification of the VSF Human flourishing remains a strong core focus of societal telos generally and the aim of the bioethical enterprise in particular. The justification of an ethical framework including the VSF may thus be explored along these lines of thought. 58 how self-funded professionals ought to be allowed to emigrate while the moral quandary of public-funded ones may be addressed by the implementation of informed and autonomous contractual agreements which go with travel restriction. In this vein, it shows how the expression of human rights though free movement may warrant some qualification.101 This echoes the notion of social responsibility which constitutes article 14 of the UNESCO Declaration.102 In other words, benefiting from public purse implies reciprocal obligations to society which in the spirit of fairness should disallow the emigration of benefiting individuals who have not paid such social debts. In a world where individuals hold fundamental incompatible views,103 the VSF as a phenomenological ethical lens fosters human interests and offers a sphere of analysis through which competing interests may be weighed and balanced on a scale of contextual vulnerability. 5.1.1. Human-centrism If the VSF is indeed an inherent phenomenological flexor-extensor system which enables a morally problematic or repugnant scenario to elicit an act of solidarity based on contextual vulnerabilities, then its goals should be tailored towards fostering human good. Phenomenologically, vulnerability as an inherent human capacity which varies according to contexts readily latches on to solidarity due to the teleological nature of the latter. Indeed, solidarity as a feeling of individual, group or subgroup sympathy which gives rise to supportive action99 provides a phenomenological response to ethical dilemmas which may be shown to derive from the sphere of contextual vulnerability. The analyses of the phenomenon of brain drain reveal a number of contextual vulnerabilities. Addressing these via the solidarity responses elaborated in the preceding section suggests that while human interests may conflict, the manner in which these conflicts are mediated still reflect, at its core, human interests. In engaging the MBD, the VSF first acknowledges the human agency of all parties concerned. This reflects Article 3 of the UNESCO Declaration which specifies the preponderance of individual interests and welfare without compromising the dignity of the parties involved.100 The VSF proceeds to balance conflicting interests (e.g. of public-funded individuals versus non-public-funded individuals in relation to personal choices and family nexus of relationships), highlighting the conflicts of rights involved. By emphasizing the most vulnerable amongst the moral agents, it shows 5.1.2. Ethical Flexibility The translation of the rights rhetoric into legally binding duties105 is often morally problematic when conflicts arise. The VSF may however help engage some of such conflicts due to its ethical flexibility. In the context of MBD, the VSF shows how the contextual vulnerabilities at source countries may be engaged. However, it equally unearths how those in destination countries may be addressed. In other words, it highlights how the application of a common moral system may allow for some variations across cultures and societies104 without losing sight of the core ethical quandary and addressing this. 59 South Africa’s Soobramoney case provides another example where the VSF may offer ethical flexibility. In that case, a private hospital discontinued Soobramoney’s dialysis sessions after he had run out of money and accumulated a $25, 000 debt. He thereafter sought to be placed on one of the public hospitals but was refused on resource allocation grounds. For hi, this was contrary to the Constitutional provision which recognized a right to health and social security. He therefore sought legal redress; however, the court ruled in support of the hospital.106 This incident sheds insights into the vacuity of human rights rhetoric in relation to providing practical benefits when a nation is incapacitated in following written mandate. In relation to the VSF, it may however be argued that Soobramoney’s contextual vulnerability or powerlessness outsized the vulnerability that society would experience if his dialysis were to have been permitted at social expense. This should therefore warrant solidarity and not the injunction to deny him access based on rationing. This again suggests how the flexible lens of the VSF may promote human dignity as an inherent human capacity and foster human flourishing. 5.2.1. Healthcare Context In the healthcare context, vulnerability plays out in different ways. A disparity in medical epistemic power, for instance, features in the professional-patient interaction. Regardless of the notion of patient autonomy and informed consent, patients thus remain potentially vulnerable.107 Writing about the American context of healthcare, Brawley recently reports that the internal quest for glory of the medical establishment pushes physicians to engage in over-treatment and heroic surgeries in defiance of medical epistemologies and at the expense of patient’s full understanding of the pros and cons, which is partly responsible for the level of mistrust in the system.108 Another but related view holds that the necessary fallibility of humans qua humans in the face of the epistemic and technical complexities in contemporary healthcare shows how what counts as professional competence is increasingly altering, and how inattention to this development is fostering medical errors with its attendant morbidity.109 These observations uncover a nexus of vulnerability within healthcare that demands attention. On the other hand, BigPharma research in Third World countries where participants can hardly buy or access drugs at the end of trials raises another kind of vulnerability that has not been adequately addressed.110 These instances thus emphasize how patients and research subjects in different geographical contexts remain potentially open to harm, hence, encounter contextual kinds of vulnerability. They also underscore the need for health and public policy reforms. By facilitating the ordering of 5.2. Some Implications of a VSF for Global Bioethics If the VSF promotes human interests and offers an ethically flexible lens for engaging morally problematic issues, then it may be important to understand some of its implications for global bioethics. This may be explored within the healthcare and nonhealthcare contexts. 60 the contextual vulnerabilities in relation to competing interests, the VSF has the capacity to identify the relevant niche of solidarity. If this is true, it offers a culture-free yet nuanced approach to engaging the local and global dimensions of bioethical issues. instruments of the UNESCO Declaration.111 It also shows that there are global problems whose ethically problematic nature may not be resolvable without recourse to what Drydyk describes as cross-border cooperation.112 Finally, by adopting a phenomenological rather than a philosophical approach with its restrictive domain of moral possibilities,113 the VSF echoes the need for an expanded communitarian niche for bioethical analysis. Such a niche should situate moral agents, their activities and the attendant moral quandaries within one big moral community.114 5.2.2. Non-healthcare Context The contemporary Ebola crisis demonstrates how local issues may rapidly acquire global dimensions. It also shows how a hitherto healthy person may develop symptoms and make those around them contextually but fatally vulnerable. One only needs to imagine the cyclical medical calamity that such may bring about if it occurs within a crowded public event. Natural disasters, terrorism and environmental pollution are another class of events in which local ethical issues may rapidly acquire global dimensions. These clearly echo the contextual vulnerabilities that humanity living within a contemporary globalized world increasingly face, and the need for a viable bioethical instrument. Engaging these issues via the VSF warrants a clear understanding of the different contextual vulnerabilities in relation to competing interests. Such an understanding would consequently yield the nexus for local or global solidarity. The preceding analyses in this section show how a VSF offers a human-centric and ethically flexible approach to engaging bioethical dilemmas, and how the local and global dimensions of a moral quandary may be engaged using such a framework. To be sure, the VSF reflects a number of principles incorporated within the normative 6. Concluding Remarks This paper has argued that a phenomenological approach such as a vulnerability/solidarity framework offers a useful avenue through which a global ethic may be couched. It shows the tenability and the culture-neutrality of the framework through historical analyses of slavery in West Africa, the abolition movement and the EuroAmerican evolution of human rights. The paper applies the VSF to the contemporary issue of medical brain drain, and shows how it may help engage the autonomy, local and global justice ethical concerns embedded therein. To be sure, the capacity of the VSF to simultaneously engage the local and global dimensions of ethical issues (as illustrated in the context of MBD) echoes Potter’s broad vision of bioethics as a general normative ethic built on an increasing feeling of solidarity between human beings. It also renders a humancentered and culture-free approach to moral quandaries by appealing to inherent human capacities, again echoing 61 Potter’s thesis for the use of the biological knowledge of man to shape and foster social good via seeing the 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. individual as member of a community of interdependent parts.115 Endnotes _____________________ ten Have, “Potter’s Notion of Bioethics”, p.59. Engelhardt, “The Search for a Global Morality”, pp. 18-30. Petersen, The Politics of Bioethics, pp. 7, 17-18; Widdows, "Is Global Ethics Moral NeoǦColonialism?” pp. 307312. Heidegger, Being and Time, pp. 57-61, Lopez and Willis, “Descriptive and Interpretative Phenomenology”, p. 729. Mackenzie, Rogers and Dodds, Vulnerability pp. 1-4. Neves, “Respect for Human Vulnerability and Personal Integrity” , pp. 158-159. Afolabi, "Researching the vulnerables", p. 9; Sutton et al, "Recruiting vulnerable populations for research”106-107. Mackenzie, Rogers and Dodds, p. 5. Forman and Nixon, “Human Rights Discourse within Global Health Ethics”, p. 48. Mechtraud, “Durkheim’s Concept of Solidarity”, pp.23, 27. Wilde, "The concept of solidarity”, p. 176. Wilde, Global Solidarity, p. 1. Wilder-Smith, The Drug Users, p. 236; Cailliet, The Illustrated Guide to Functional Anatomy of the Musculoskeletal System, p. 15. ten Have and Gordijn, “Travelling Bioethics”, p. 2. Westermann, “Between Slavery and Freedom”, p. 214. Rodney, “African Slavery and other Forms of Oppression in the Upper Guinea Coast in the Context of the Atlantic Slave Trade”, 431-433, 440; Falola, “The End of Slavery among the Yoruba”, p. 233. Lovejoy, Slavery, Commerce and Production in the Sokoto Caliphate of West Africa, pp. 207211. Salami, “Slaves in Agricultural Development of Ibadan”, p. 122-124. 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