Medical Tourism in Developing Countries

Promoting Medical Tourism ● 121(and previously in Latin America) where at best fledgling democraciesexisted. In most LDCs, even if there are elections, they are rarely sufficientlyregular that the electorate can count on them to displace undesirable leaders.All too often these elections are rigged, unfair, and under-representative ofthe population at large. While countries may have multiparty systems intheory, there is often one dominant party that dominates the political arena.Leaders are often personality figures who enjoy vast powers. In such politicalcultures, democratic institutions and practices are under-represented. Thoseconditions do not bode well for the development of medical tourism.Political freedom reflects tolerance of those who hold different politicalviews. It is a crucial feature of any society that seeks to promote its medicaltourism. Indeed, Friedman pointed out, “When it comes to economicactivities, one of the greatest virtues a country or community can have is aculture of tolerance.” 91 Yet, despite its lack of political freedom (as well aspolitical rights and civil liberties), Cuba continues to be popular among alltourists, not just medical tourists, and not just leftist sympathizers and thosewho are against American superpower and sanctions. Indeed, Cuba is apolitical relic that has an exotic cache, as Michel Houellebecq noted: “It’sone of the last communist countries, and probably not for much longer, soit has a sort of ‘endangered regime’ appeal, a sort of political exoticism.” 92The Legal SystemAccording to Litwack, legality in a country implies both a mutually consistentset of laws and a government that can enforce those laws. 93 If there isno legality in the definition of political and economic relationships, thenlawlessness reigns both in personal and economic issues. Moreover, if thepopulation doesn’t have confidence in the government, then legality isbrought into question. Thus, laws and a government to enforce them areboth necessary, as one without the other fails in its goal to protect entitiesand facilitate relations between them. Their absence is detrimental to alleconomic activity, including medical tourism.Countries promoting medical tourism should have a well-developed legalsystem in place, one that spells out the rules and regulations for economic,political, and social behavior. They need to have drafted laws and a statutebook, and they need to have a trained and competent judiciary. As lawrests on precedent, they also need to have a legal framework be in effectover time.Since laws evolve in response to economic and social conditions andevents (e.g. environmental law, software law, human rights law), are thereany particular legal concerns that countries pursuing medical tourism have?