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Class notes: Debates in Public Health and Epidemiology.

First part: Conceptualizing health and diseases

PUBLIC POLICIES: OPERATIONAL ASPECTS

Rubén Darío Gómez-Arias


Executive Secretary Colombian Network of Researchon Policies and Systems of Health.
Professor of Epidemiology. National School of Public Health. University of Antioquia.
Medellín, rubengomez33@gmail.com

A version of this seminar was published in Spanish as: Gómez R. Gestión de políticas públicas:
aspectos operativos. Rev. Fac. Nac. Salud Pública 2012; 30(2): 223-236.

The group of Health Situation Analysis at worldview and social organization


the National School of Public Health, and promoted in Europe by the Enlightenment
the Colombian Network Research on Policy and Modernity, a public policy is a directive
and Systems of Health have been that the State, regarded as the legitimate
supporting, since 2003, the implementation authority of the social system, imposes on
of courses on health policies management the collective as the way to proceed before
within doctoral and master's programs of a particular matter, which has been
public and private universities. Based on this recognized as one of public interest. Later,
experience, multiple concepts and as a legacy of Napoleonic Wars, this political
discussions have emerged around conception took over almost the entire
operational aspects related to the western world and was adopted by liberal
formulation and analysis of public policies. democracies that formed in Europe and the
This article focuses on the operational American continent during the nineteenth
aspects involved in the formulation and century. Since then, most countries have
analysis of public policies, and it has been been adopting these principles and have
prepared for pragmatic purposes in order to shaped States adjusted to Law and
facilitate the dialogue between academics governed by the legal and philosophical
and decision makers. principles of Modernity. In the beginning of
the20th century, and to To overcome the
economic and social crisis of capitalism, the
4.1 Introduction. liberal European states had to regulate the
economy through certain mandatory
As we have reviewed in previous seminars, mechanisms called public policies, which
Public policies are power devices of social had to meet the following conditions:
control developed by modern states during
the mid-twentieth century. According to the
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a) They can only be set by State WikiLeaks publications have recently
institutions as legitimate authorities; highlighted it.7
b) They are mandatory for the whole
society, not only for the governed but Corruption, defined as the cooptation of the
also for the rulers; State and of public goods by private groups,
c) They must be carried out with has expanded its repertoire of mechanisms
stakeholder involvement; of political control, and is making giant
d) They must comply with legal strides in so far that the neoliberal model
regulations; and has expanded, as it appears in the annual
e) They should favor the common good. reports published by international
organizations..8 9 Corruption has also spread
Since then, the term public policy is often strongly in the health field, associated with
used in reference to the actions of the the service market expansion, insurance
State, to the relations between State and practices, medicines, and other health-
the other members of the society, and to related supplies. Published reports stress
the ways in which government is exerted. the need to strengthen transparency, social
The concepts and analysis contained in this oversight committees, and citizen
chapter analize the said principles. It should participation in processes that involve
be noted, however, that since the mid public interests, as requirements to sustain
1980s there has been spread around the democracy and ensure the social ends of
world a wide controversy regarding the role the State. 10 11
assigned to the State in neoliberal regimes. 1
23456 Despite the above, some authors
considered that where the political
The course of public policy has been conditions are favorable, the formulation
described as the product of complex and and implementation of policies
dynamic political processes that serve the (policymaking) respond to management
interests of social actors, involving frequent strategies designed to safeguard the
and unpredictable events, which rarely rationality of decisions, reduce uncertainty
occur in ordinate sequence. Rather than a and secure the foundations of social order.
technically directed process, policies are the The philosophical and conceptual
product of multiple social actors through perspectives of Modern States, influenced
maneuvers aimed to control certain by rationalism, proposed that governments
resources. Some maneuvers are socially could not act capriciously when formulating
acceptable according to democratic values, and implementing their policies. On the
but others could deem immoral and even contrary, they should be subject to the
illegal. Practices such as bribery, blackmail, general principles of administration, law
espionage, clientelism, defamation of and public ethics. Anyway, it is
opponents and rigged allocation of public highly implausible that any administrative
contracts are used worldwide to control the technique ensures the successful
resources of common interest, even in development of a policy without enough
countries that can boast of having political support. For these reasons, many
transparent democracies, as some of the administrative techniques involved in public
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policies management focus on the handling 4.3 Normal expressions of a public policy
of actors, their interests and their ability to
influence decisions in an explicit and From a technical perspective, public policies
transparent way. are complex systems of decisions that, in
practice, may be materialized in four
4.2 Public Policy: An Operational complementary ways:
Definition
 Legal devices
Currently, there is no consensus on the  Administrative devices
definition of public policies and on how to  Ideological control devices and
manage them.12 13 14 15 In general, public  Contractual mechanisms (contracts,
policies are power devices for social control
agreements and treaties on public
defined by modern political systems with
issues).
the purpose -explicit or implicit- of
regulating a matter of general interest, Since the 1990s, international banking has
particularly the use and destination of been promoting the term "governance" as a
resources. In modern societies, where the way of managing public affairs.This
rule of law prevails, public policies can be ambiguous notion usually limits the
defined as mandatory guidelines set by the functions of the State to the
State for the purpose of regulating a implementation of technical activities
particular matter considered to be of public related to the maintenance of social order
interest, which otherwise would not be
required for the agile operation of markets.
resolved spontaneously.
When evaluating and formulating a public
In countries that have taken the form of policy it is important to verify the
“Social State adjusted to Law” (but not all articulation of their different expressions in
are really so), public policies have the a coherent and synergistic way.
following characteristics:
4.3.1 Legal provisions
a) They belong to the exclusive power of
the State legitimately constituted. No Constitutional provisions, laws, decrees, and
other actor can define them without other regulations of state agencies act as
resorting to this instance. social control devices that contributes to
b) They are mandatory for both governors ensure the legitimacy and sustainability of
and governed. the policy and the promotion of linkages
c) They must comply with an existing legal with the rest of the legal system.
system.
d) They should be developed in a In States adjusted to Law, any public policy
democratic way, supported on the should be supported on the legal
effective participation of those involved. regulations in force for the country. In this
e) They must favor the common good over regard, when formulating a public policy, it
the interests of particular groups. may be also necessary to define specific

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rules, ensure its consistency with the legal recognize the importance of an appropriate
system, and support the legitimacy of the planning model that supports policy
directives. The legal basis for a policy may management and define, at least, the
be necessary in order to assure its viability following core elements of the directives:
and legitimacy. However, legal basis could
be insufficient by itself to grant the • The objectives or expected results.
expected results. The provisions to ensure • The appropriate strategies to be
legal consistency are even more important implemented in order to achieve the
in cases where policies affecting individual objectives or expected results.
rights, and when penalties for infringers are • The necessary human, technical and
contemplated. financial resources.
• The criteria for monitoring and
4.3.2 Administrative devices evaluation.

The implementation of a public policy is a In relation to health planning, multiple


particularly complex process, which hardly approaches have been proposed. Some of
achieves its intended purpose unless it be them emphasize the techniques and
supported by an appropriate administrative methods;17 18 others give more importance
system.16 The administrative component of to the style adopted by the organization to
a public policy refers to the set of make their decisions, by differentiating
mechanisms and technical procedures autocratic models from participatory and
developed by the political system to concerted ones.19 In this regard, it should be
implement the directive under foreseeable highlight that the success of planning does
conditions that reduce the uncertainty of not depend on the use of a particular
the results, ensuring success. These theoretical model, but on the capacity of
mechanisms are twofold: planning and articulating resources and peoples’ wills,
bureaucratic support. arranging them in the best possible way
around a common goal or intention. The
best planning model will be one that allows
4.3.2.1 Planning systems as tools for the group to integrate their energy and
policy management. work neatly in the intended direction with
minimal effort and maximum gain.
In practice, public policies are also Technical literature reveals that no model in
expressed in the plans, programs and itself is more successful or effective than
projects led or developed directly or other, and that the outcome may depend
indirectly by the State, in which the content rather on the leadership of directives, the
of the directive is displayed in detailed and capabilities of the organization, the climate
systematic ways. In this respect, national generated in the institution, and the
and sectoral development plans and the support received from the environment.
government projects and programs are
particularly important mechanisms for the Among the approaches used in health
implementation of public policies and are planning, there have been highlighted:
critical success factors. From this, we must
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• The traditional normative approach. making processes. However, the
This model considers planning as a stringency of the techniques and
decision-making scheme based on fixed concepts developed within the systemic
rules and principles that all members of approach as well as its requirements for
the organization must comply with. information gathering have limited its
Plans are formulated by different units application to expert groups.
of the organization, by adapting the
objectives, goals and strategies  Situational strategic planning. This
previously defined by senior approach considers that social situations
management. Normative planning is are complex, changing, uncertain and
based on formats that the only partially controllable. For this
dependencies must fill out to reason, strategic plans are formulated
consolidate the organizational plan. with two objectives: to anticipate a
Several authors have strongly critisised possible vision of the future and to serve
not only the mechanical, conservative as a map for gradually organizing actions
and rigid nature of this approach, but and transforming the situation. This
also its ignorance of the constant approach assumes that decisions should
changes that occur in the context. be based on a situation analysis, from
Normative planning approaches, which actions will arise; these options
however, are still widely used in several should be intelligent, agile and creative.
countries to control their investment The situation analysis entails deep
and ensure the compliance with understanding of at least three
minimum goals. elements: a) the problem that will be
the focus of efforts, b) its causes, and c)
• Systemic approach. This holistic focus its consequences.
considers reality as a whole. Each event
is integrated by different components There are two ways to make a situational
and elements, which should be always analysis: global and specific.
defined and intervened from a whole-
view perspective. Health systems are The global way proposes to address the
deemed complex and strongly general situation (problem or
articulated systems that should be macroproblem). Then, it must be broken
integrally analyzed and intervened, down into specific problems sorted by
even where the success of priority criteria. This type of analysis, usually
interventions depends on controlling applied by local governments, could be
the interactions that occur among the more complex and demand more efforts
different components. The systemic but, at long term, it could be the best option
approach involves multiple qualitative to ensure sustainable results.
and quantitative techniques to model
and simulate situations in order to The specific way focus efforts on particular
discover the best ways to influence the situations (specific problems), and gradually
performance of the system. This could resolve them. This approach allows
be very useful to ground decision- controlling economic problems and offers
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partially visible short-term results when a set of assumptions, decisions, and
carefully and intelligent priorization has resources, interrelated and coordinated
been stablished. Nonetheless, it does not toward a specific objective. This
always guarantee effectiveness, efficiency approach considers that a project should
and sustainability of interventions, and its have the following characteristics: a
influence on the general situation could be specific object, defined temporality
limited. (deadline), subordinance to plans,
flexibility, creativity, singularity and
In his proposed Strategic Situational integrity (internal consistency). Several
Planning, Matus developed a model for approaches to project management,
senior management (ALTADIR Method for including the Logical Framework
Popular Planning- in Spanish Método Altadir Approach22 (one of whose variants is
de Planificación Popular MAPP)20, which is also known as Objectives-Oriented
applicable to government plans and carries Project Planning - in German Ziel
with it a strong component of social Orientierte Projekt Plannung ZOPP23),
participation. This planning approach are consistent with the principles of the
includes three moments:21 MAPP, particularly with regard to the
need of a good problem formulation,
• An explanatory moment destined to and the strengthening of the
analyze and assess a situation of participation of those involved.24 25
common interest; during this moment, Project management can be useful to
actors confront their own interests, address specific aspects of a public
concerns and perspectives. policy, but it does not replace planning
• A political/strategic moment intended and, at some extent, may disperse the
to define, by consensus, a target efforts in absence of a good articulator
situation in order to make decisions plan.
about the most convenient possible
actions.
• An operating moment when 4.3.2.2 Bureaucratic support as
stakeholders make decisions about prerequisite for policy
resources, responsibilities and implementation
procedures.
Administrative arrangements refer to the
 The project management focus. Since provision and implementation of
the mid-1980s, there have been organizational and operational instances
proposed some approaches and responsible for applying the policy and
methods aimed at solving specific ensuring its successful development. The
problems whose solution is given in the development of these mechanisms implies
form of projects. Projects are predicting the operational conditions of the
management systems relatively simpler policy and includes, among other factors:
than plans, as they focus on a defined the institutions or agents that will be
object. For practical purposes, a project responsible for its implementation, the
is defined as an articulated and detailed activities that should be performed, the
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amount and type of human resources 4.3.2.3 Education as social control device
involved, the technical resources that will
be required, the funds, the processes to In general, education is the process by
ensure compliance, etc. According to the which a society shapes and molds the
management model prevalent in each behavior of its members, and adjusts them
country, the bureaucratic support of a to the existing social and economic order. In
public policy may be exerted by State, this sense, education is a powerful social
private agents acting for the state, or control device that takes different forms
community workers. Each of these options such as schooled education, divided into
leads to different management processes "formal education" and "informal
whose results may result controversial. In education". Additionally, some authors
the case of health, the privatization of mention "non formal education" refering to
services has led not only to the educational programs that do not lead to
strengthening of insurance, drugs and academic degree but have a powerfull
medical supplies industries, but also to the normalizing effect.
emergence of access barriers, pocket
expense raises, and increments in the For instance, "informal education" includes
overall operating costs of the services due a broad set of social processes incorporated
to intermediation.26 27 28 29 30 31 In light of to the daily interactions, which form us
these discussions, we should not accept a since childhood by reinforcing acceptable
priori that private management is better behaviors of the group and punishing those
than Statal administration (or vice versa) who do not meet actual values. These
without reviewing previously the available processes of adaptation and change
evidence, and assessing the risks that any continue throughout life thanks to various
decision means in terms of public interest. mechanisms that may differ from those that
Anyways, when the implementation of a occur in childhood,32 and ensure that
policy be undertaken by private agents, people will adjust to social requirements.
administrative acts of delegation must
ensure that social objectives of the State Acknowledging people’s continuous
and the common good prevail over the learning behaviors after childhood has led
private interests of those who assume the to approaches and pedagogical
function. developments oriented to forming non-
institutionalized adults able to live in any
To ensure that a policy be carried out social setting. Theoretical and technological
successfully, implementing laws or advances in education have shown that
administrative arrangements are not information alone is insufficient to change
enough. It is also necessary that the the behavior of people in sustainable ways.
guideline be known, accepted, and adopted To change people´s behavior it is usually
by stakeholders. These results can be necessary to apply other complementary
achieved through ideological control devices strategies that include environmental
and mainly two of them: education and changes. The three forms of education
propaganda. (formal, non-formal and informal) are
essential tools for the success of a public
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policy. In this regard, one will require the and achieve a specific change of their
support of education experts when behavior. This issue is also controversial. In
designing appropriate educational the case of public policy, propaganda should
strategies. abide by the legal and ethical principles in
force within each country, including
truthfulness, timeliness, impartiality and the
4.3.2.4 Propaganda respect for the rights of people.
Additionally, when designing the
This device refers to the set of messages propaganda system required for
that seek to influence people-s values implementing the policy, it would be
systems and change their behavior. necessary to take into account: the ethical
Propaganda is defined as an intentional, aspects of the methos and expected results,
strategic and systematic form of persuasion the characteristics of the target populations,
for commercial, ideological or political the message type deemed most
purposes, which is done with the intent of appropriate, and the best means to achieve
influencing opinions, emotions, attitudes the results.
and actions of specific target groups
through controlled transmission of partial Unlike propaganda, which is more
information (which may or may not be interested in changing the beliefs and values
based on real events), mainly through direct of people, publicity has been developed in
mass media.33 In this sense, propaganda is the context of markets where it is
also considered as a powerful mechanism of understood as the set of actions undertaken
social and political control. In the field of to inform the public about a product or
public policy, propaganda entails the set of service through different media (either
actions implemented by political actors in mass or direct) in order to promote
order to promote adherence to a system of consumption. However, the techniques
rules and ensure at short term their developed by publicity have also been
approval and compliance by the population, applied to changing the values and gaining
and at longer term their legitimacy. adherence of people to certain patterns of
Throughout history, propaganda has often behavior. For this reason, some authors
been marked by misrepresentations of consider that there is no substantial
facts, by the strengthening of prejudices, difference between propaganda and
and by calls to act passionately and publicity. Whatsoever, transforming
recklessly. For this reason, it is usually seen people´s behavior is difficult. This is well
as false, misleading and malicious. However, known by experts in propaganda and
as any other political device, propaganda is publicity. These areas have experienced
not good or bad in itself, because its significant technological influence, often
attributes depend on both the ends pursued highly specialized. Considering this aspect,
and the way it is performed. Some the participation of experts in these areas is
approaches have proposed that the goal of strongly recommended when designing
propaganda is not to inform but convince. In strategies to implement public policies.
this sense, it should appeal to inividual´s
interests and emotions to persuade them
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4.3.3 Treaties, agreements and contracts responsible for meeting the needs of their
as instruments of public customers should respect them only while
management payment be maintained. In this context, the
notion of citizenship rights weaken and it is
The three types of devices mentioned in the removed, to make way for what some
preceding paragraphs have predominated in authors call "programmatic rights"; these
Keynesian and socialist countries. Currently, are defined as individual prerogatives
and following the principles of modernity, whose recognizing and legitimacy are
they are still applied by most democratic subject to the repayment and funding
countries. However, since 1980, a new capacities of each person.34 35
model of governance has been overtaking
the world, resulting in a profound The expansion of the neoliberal model in
controversy. In countries that have received the field of public affairs management has
neoliberal influence, the State withdraws given rise to the "New Public
Management”- NPM; 36 37 38 this ideological
from public affairs and from major common
interest policy-related decisions. Issues of model proposes to solve social problems as
general interest are now impulsed by the market issues, and its effects in the health
most powerful economic groups worldwide field have raised profound changes and
through treaties and trade agreements criticisms.39 40 41 42 43 44 45 46 47 48 49
imposed by private agencies on
governments and on individuals. In Formally, the NPM proposes, among other
countries where these influential values are mainstays:
being imposed, the State loses its
prominence as head of public affairs; legal a) Adopting the principles and theories of
regulations weaken (except for contractual the market for the management of
issues); administrative mechanisms are public affairs.
limited to economic profit management; b) Separating the political aspects from
education focuses on publicity of administrative ones.
commodities and services; and citizen rights c) Restoring the power of the individual
become "consumer rights", which each over the State.
person acquires with a private provider d) Decentralizing state institutions to
under contractual rules. In the context of reorganize its authority by levels and
economic and social models promoted by delegations of powers.
neoliberal movements, public affairs e) Reducing bureaucratic hierarchies.
management changes dramatically. The f) Centering administration on the
State is no longer considered as directly generation of profits and utilities, and
responsible for meeting people’s needs. In g) “Straightening the State to bring it to
fact, people are forced to celebrate their optimal proportions".
contracts with private companies that
supply basic products and services such as Anyways, in those countries where the
health care, education, drinking water, management of a public service has been
energy, communications, security, garbage delegated to the private sector, it should be
collection, etc. Meanwhile, companies granted that contracts guarantee
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compliance with the social objectives of the incentives, and implementing other
State and assure the public interests above administrative or legal measures that
the private interests of economic agents. In enable the behavioral expected changes.50
this respect, the extent to which public
policies involve the management of 4.4.2 Protective policies of an issue
resources by private players, it will also be considered as public good
necessary to strengthen agile and effective
auditing, control and social oversight Protective policies, as its name indicates,
mechanisms. protect a sector of society before a
previously defined and detected threat,
which may comes from nature or from
4.4 Types of public policies adjacent social groups. E.g. protection of
groups at risk; protection of people’s rights
According to their predominant intention, to health, life, honor, liberty and property;
public policies can be classified in the protection of the national industry;
following non-exclusive categories: consumer protection; and, the protection of
heritage assets, natural reserves, and public
4.4.1 Promotional policies goods in general, either tangible or
intangible. The success of these policies may
Promotional policies can be defined as depend on the State's ability to characterize
guidelines that foster a specific type of and neutralize the source of threat. This
people´s behavior that is considered action is not always easy when the threat
appropriate to solve a particular problem of comes from militarly, economically and
public interest. They are very common in politically powerful groups. In this regard,
public health. For instance, breastfeeding the protective policies of a public good can
promotion, respectful treatment at school, be particularly controversial and conflictive.
waste separation since its source, programs The key to addressing these conflicts may lie
for adoption and use of best practices, on the degree of political, legal and social
strengthening of health oversight support that the group interested in
committees, and induction particular types exerting changes can achieve. The policy
of consumption (rational use of medication, could also be supported on the current legal
physical activity, cancer screening). and ethical frameworks, on constitutional
Promotional policies often rely on principles and international consensus. The
ideological devices (publicity, propaganda, management of such policies involves
education and massive media). These developing measures of legal legitimacy;
strategies, however, may be insufficient to implementing strong and effective
achieve or maintain the desired behavior mechanisms of surveillance and control;
change since individuals are not always applying punitive and administrative
completely free to make decisions. For this, devices; performing educational activities;
it may be necessary to implement and developing studies on the nature of the
complementary interventions by modifying problem and on the mechanisms to control
people’s environment when modifying it. Sometimes, the key to success of these
effective access to resources, creating policies may lie on social mobilization for
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the defense of the threatened right, action defining control instances. In addition, these
considered legitimate and legal in most of policies should include measures to avoid
the world's democracies. further occurrences of damage, and devices
to prevent and punish those actions
4.4.3 Regulatory Policies of competing considered potentially harmful to the
interests common good, among them: economic
sanctions, advertising aimed at making
Unlike previous policies where the directive damages visible, police measures, and other
is driven in favor of an affected group, mechanisms of social sanction. These
regulatory policies face conflicts when two policies also require the development of a
or more groups have divergent interests - proper legal foundations, educational
though presumably legitimate - regarding a activities and surveillance systems to detect
matter of public interest; e.g.: pricing, and promptly manage further threats.
taxation, intellectual property, and urban
reorganization policies. In these cases, 4.4.5 Sanctioning policies
policies must comply with principles of
justice and equity. These policies also These policies aim to discourage a certain
require careful and appropriate ethical and type of behavior or practice considered
legal frameworks. Their management contrary to public interests, and correct the
involves the application of different imbalance caused by the violation of the
strategies: studies of potential impact; rule. Eg: anti-corruption policies, sanctions
application of negotiation techniques; for the control of driving under the effects
formulation of clear and transparent rules; of liquor, or measures against domestic
wide, truthful and deep debate about the violence. The sanction can be considered a
problem and about the interests at stake; necessary but undesired act, in the sense
and implementation of effective that it is applied to ensure the rule when it
mechanisms to monitor, control and punish has not been possible to avoid the infraction
offenders. by other means. The policy may include
legal sanctioning mechanisms for the
4.4.4 Reparative policies offense such as imprisonment or fine.
However, there are also mechanisms of
These policies aim to reverse the effects of a social sanction that play an important role
damage that has been considered of public in the prevention and control of infractions.
interest. For instance, refugee inclusion The term social sanction refers to
strategies; displaced communities inclusion; expressions of rejection manifested by
and reparation and compensation to victims people as a reaction to certain behaviors
of violence. The management of such considered contrary to current values.
policies can demand several complementary Social sanctions can help prevent violations
strategies: developing legal regulations to of the norm; however, it is usually the result
legitimize reparation; forecasting of other mechanisms of social control, and
administrative mechanisms to generate and not only the expression of the group's scale
apply resources directed to rehabilitation, of values. Due to the influence of education,
compensation and resocialization; and propaganda and the media, people adapt
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their values to the current ideology and act reviewed contens be assessed and
based on stereotypes and prejudices. In this contrasted.
sense, the social sanction may be weak
against infractions and even become a b) Actors involved. When analyzing this
mechanism of injustice or exclusion. From component, it is important to identify
the above we conclude the importance of and assess the roles of the different
carefully managing this type of practice, people, groups and institutions involved
foreseeing its impact on the rest of the in both the problem and the solution. Of
current values. particular interest is the analysis of
actors involved in the formulation and
implementation of the policy.
Stakeholders analysis includes a
4.5 Public policy analysis characterization of those involved, their
needs, their interests, their
organizational patterns, their
A public policy is a complex and dynamic interactions, their ideological affilitation,
power device that involves multiple decision and their ability to control resources and
schemes as shown in Figure 1. In such a to influence political decisions.
sense, analyzing and evaluating a policy
must account for at least the following c) Context. The analysis of this component
elements:51 aims to explain the social, economic,
cultural and administrative conditions in
a) Content. Content analysis of a public which the problem appears and the
policy aims to describe and delimit the policy is formulated.
directive, its object (problem definition),
its principles, its objective and its d) Process. This analysis focuses on how
strategies. It focuses on the formal the policy has unfolded, from the
aspects and often relies on discourse construction of the problem to the
analysis techniques highlighting the evaluation of its effects. Usually center
most relevant aspects of the guideline, its interest in issues such as
its inconsistencies and its omissions. A participation; transparency; conflict
limitation of formal policy analysis is resolution strategies used by those
that the explicit content of the directive involved to impose their own interests;
does not always coincide with the actual and roles played by actors (academia,
situation; in this regard, analysts must trade unions, business groups,
have an external standard to which the politicians, public servants, and media).

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Figure 1. Public policy analysis: Points to take into account

e) Results. This analysis focuses on the and require solution by the groups in
effects, favorable and unfavorable, of power. Usually, the problem is the result of
the policy on the issue addressed (direct conjunctural issues that capture the public
results) and on other sectors (indirect interest. It may also occur that a public
results). Impact analysis seeks to policy already exists, but new conditions
demonstrate that certain observed affect the groups in power demanding the
changes result from the policy and not adjustment of the guidelines. In every case,
from other condition; this is not always for engaging in policy formulation, the
possible, because the problems that are situation must be also well known by
the subject of a policy often respond to politicians and decision makers as a
complex dynamics. situation that menace their own interests.52
Getting these actors to take the problem as
4.6 Formulation of a public policy their own and decide to solve it by means of
an explicit public policy is not always a
Social problems approach the political simple task. Figure 2 shows, in an idealize
agenda through different routes, which are scenario, some of the major processes
rarely predictable or controllable. involved in the formulation of a public
Sometimes a situation becomes a public policy. The figure looks simple; however, we
issue by a cumulative process of pressures, must take into account that political
tensions and historical dissatisfactions that processes are seldom linear, sequential, not
affect the stability of the political system adjusted to ideal conditions.
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Figure 2. Processes involved in the formulation of a public policy

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From a technical perspective, the dissemination of evidence, propaganda,
formulation of a public policy may legal actions, and social mobilization.
involve the following, closely related
processes: The positioning of a problem on the
agenda seldom occurs unintentionally,
passively or at random. In practice,
4.6.1 Formulation and visibility of the positioning is usually the product of an
problem as a matter of public interest group that gets to influence
interest decision makers, and whose success
idepends on its organizational capacity,
This is one of the most complex its availability of resources, and its links
components of the process, because it to the political apparatus. Moreover and
involves multiple situations, actors and notably, it is necessary recognize that
interests that relate to one another in governments do not always represent a
uncertain ways. Among the conditions homogeneous interest, and sometimes
that influence positioning an issue on the they become the space of confluence of
public agenda, the following are different power groups, often inspired by
particularly important: a) the interests of competition or common interest. The
governors, b) the interests of the legitimacy of governments can be highly
different economic, political and social variable, as much as their ability to
groups capable of exerting pressure on control the political agenda. Additionally,
governments, c) the pressures of due to the growing influence of
international organizations on the neoliberal ideologies, sovereignty of
political system, and d) the role of States is increasingly limited and
media.53 Throughout the process of constrained to certain action fields
recognition, definition and assessment of imposed by international banking
a problem as a priority issue, each of superpowers and by trade agreements.
these groups uses the resources at their To sum up, the centers of power and the
disposal to impose their own interests on actual decision makers are not always in
the decision by applying systematic the Government, and this should be clear
pressure strategies that are neither to other stakeholders when designing
always known by the actors under their strategies.
pressure, nor subject to technical
management. One of the most important According to this, the ability of an
resources has to do with access and interest group to control the political
control of the mass media.54 Because of agenda and influence any decisions may
this complex conflict of interests, the depend on the following actions:
more powerful group will not only decide
which issues are included in the agenda,
but also how to interpret and present 4.6.1.1 Grounding the arguments
them publicly. During this phase,
subordinate groups interested in the This action implies collecting and
issue can also affect the decision through systematizing information on the
their own strategies: advocacy, lobbying, situation which we want to regulate, by

12
specifying: a) its definition in operational studied. Reports suggest that knowledge
terms that be amenable to intervention, management can optimize policy
b) its causes, c) its consequences, d) its decisions; however, this process does not
tendency, e) its social, political and happen mechanically, and it may be
economic impact, and f) its meaning to associated with multiple conditions,
the public. including the political contexts, the
characteristics and stereotypes of actors,
During this phase, it is particularly and the degree of interactions between
important to seek, review, evaluate, and academics and politicians.60 61 62 63
interpret the evidence, understood as
the best information obtained from the 4.6.1.2 Stakeholder Analysis
available sources.55
The term "stakeholder analysis" (also
Concerning to public health policies, called by some technicians "stakeholder
literature has coined the concept of mapping") refers to the characterization
"evidence-based public health", defined of social agents currently and potentially
as the development, implementation and affected by the situation, and interested
evaluation of interventions to promote in the results of the policy. Those social
and protect health applying the agents involved constitute a
principles of scientific reasoning.56 57 heterogeneous and dynamic group that
Technicians propose arrange the includes: individuals and institutions
evidence in an orderly and either negatively or positively affected by
comprehensive manner, including not the problem: those interested in
only published scientific information but maintaining or changing the situation;
also the lore and the knowledge acquired and those who could influence the
by the group based on their decision such as specific sectors of the
experiences.58 59 To substantiate the population, guilds, economic groups,
arguments, one should bear in mind that academics, international organizations,
the data itself does not explain the political parties, public officials,
situation if it has not been properly governors and, especially, the media.
valued from technical perspectives Each of those involved may have their
(validity, reliability, applicability, and own view of the problem, derived from
practicality) and from moral criteria (such their particular interests. The stakeholder
as the ethical, legal, and cultural codes in analysis refers to the early, systematic
force). The approaches that propose and continuous identification of the
"evidence-based policies" have been interests that intersect in relation to the
object of a heated debate. Critics have problem and its possible solutions, and to
questioned the inconvenience of the evaluation of the forces resulting
extrapolating to the field of social from this interaction.64 To do this, it is
sciences a notion of evidence that has essential to take into account each of the
presented difficulties even in natural persons and agencies interested in both
sciences. Moreover, the gap between the problem and the possible solutions,
knowledge management and thus characterizing the function or
policymaking has been also widely activity that assumes such actor, his

13
interests, his potential and his many of these practices, and that they
limitations. Lastly, it is important also to are part of secret and hidden agendas of
value the implications of actors’ roles in governments, even in those countries
the process. From a technical that boast of their democratic
perspective, stakeholder analysis foundations. Faced with these practices,
requires three groups of complementary other actors brandish the ethical and
actions: a) identification and legal principles that have given rise to
characterization of those involved, b) an Modern States subjeted to Law, and that
assessment of the stakeholders’ ability to are defended by international agencies
influence the process, and c) definition of and agreements. Such principles are set
strategies to incorporate them to the assuming that the participation of
solution.65 An optimal stakeholder citizens and interest groups is
analysis should provide sufficient and transparent and comply strictly with the
useful information to develop specific legal and ethical principles that govern
lobbying strategies targeted to each the Democratic States of Right.
audience according to its characteristics.
A superficial analysis of those involved Among the forms of participation in
can lead to ignore the strength of actors public policy, two stand out: advocacy
who might eventually impose their and lobbying.
interests in politics. Literature describes
many techniques to facilitate stakeholder Advocacy is defined as the process aimed
analysis; anyways, the idea is not just to at influencing social actors in general, to
document the analysis but to use this get their support for a political decision.
information to define the most
appropriate lobbying strategies in each The term lobbying usually refers to a
situation. form of pression made directly over the
rulers and legislators by a group
specifically responsible for this activity. It
4.6.1.3 Design of advocacy and can be defined as the systematic activity
lobbying strategies of persuasion performed on some
individuals or institutions with the
In previous sections, we have stressed capacity to modify a decition in a field of
that public policies are the result of social social life, in order to ensure their
interaction processes where the groups support on certain types of arguments or
with greatest power frequently impose viewpoints about a controversial issue.
their will upon others. Since the
Renaissance, Machiavelli's work Some forms of advocacy consistent with
highlighted the wide range of strategies the ethical guidelines of international
used by politicians and governors to get agencies and with the principles of the
and retain power, among which there are State of Law, are the follow:
manipulation, lying, cheating, deceit,
betrayal, blackmail, intimidation, and  Media strategies: formal
murder. The media have shown that, at communications with the public,
present, different regions worlwide apply press conferences, radio and

14
television programs, informational lobbying, but in any case, this will depend
programs, social networks on the on their commitment degree, their image
Internet, and advertising and in the eye of public opinion and the
propaganda campaigns. leadership of the interest groups.
 Social mobilization strategies:
marches, public manifestations and Some authors have highlighted the
social networks. mediation as a particular form of political
 Activities of academic debate, influence. Unlike advocacy and lobbying
analysis and dissemination of that pursue the self-interest of actors,
arguments and evidence. mediation assumes itself as neutral
 Establishment of partnerships against a decision that is in dispute
according to the results of the between two or more opposing sides. To
stakeholder analysis. the extent that the mediator is not
 Direct lobbying. polarized, they rapprochement between
the actors (in conflict) may be facilitated.
Lobbying has grown considerably since In any case, "neutrality" does not imply
the end of 1970 thanks to activist groups, absence of criteria by the mediators, who
nonprofit organizations, and private must act according to their principles and
companies in defense of their own values. On the contrary, clarity,
economic interests. Since the mid 1990s, legitimacy, and strength of principles
lobbying has been configuring a constitute the keys to successful
specialized vocational area and, in some mediation.
cases, a very profitable intermediation
industry.66 4.6.2 Defining the Policy Object

Both processes, advocacy and lobbying, In theory, public policies must be aimed
are particularly sensitive to public ethics, at solving problems of public interest.
and their methods and scope are the The object of a policy must be a specific
subject of international debate and situation perceived as a problem, that
concern, mainly in relation to the ability will be modify by a directive. Formulating
some groups have to impose their will to the object of the directive involves
coopt the State by any means in defense defining and characterizing a situation
of minority interests, and also to restrict from the perspective of the common
the public interest.67 68 69 good, expressing it as the problem of a
group that simultaneously affects the
Advocacy and lobbying are not exempt interests of others. In this sense, it will be
from political risk. Their success could be considered a matter of public interest.
related to the clarity of the objective Formally, the object of the policy may be
pursued, the strength and legitimacy of expressed as an existing unfavorable
their underlying principles, their internal situation or as an unresolved need.
coherence and consistency with other
public actions, and the intelligence of
their methods. These conditions can Specifying the problem is not always
ensure the success of advocacy and easy. The difficulty with this analysis is

15
that problems do not exist by understanding the situation they intend
themselves, but only when people value to regulate.
a situation as contrary to their interests,
and then they qualify it as a problem. It is not always easy to converge
Throughout life, human beings shape interests, needs and requirements of the
different intentions or interests arising total population on a uniform
from their biological conditions, their proposition. Administrative trends have
personal history and their social proposed different models and tools to
interactions. In everyday life, people are analyze and formulate problems in
valuing their experiences in the light of technical ways,70 several of which could
these interests, and the experiences that be especially important when defining
collide with them are qualified as the public issue subject to intervention.
problems. In this sense, a problem is just In Latin America, the Logical Framework
the gap between how people experience Approach is one of the most widespread
a given situation and how they expect it, methods for managing projects. It
want it or require it to happen. The key proposes several relatively simple
to judging a situation as a problem lies in techniques to develop and feature a
the interests of those who value it. We problem in a handy way. It is clear that a
value something as a problem when it public policy is more than a project;
does not fit our intentions. The however, when the political context
importance given to a problem is directly allows it, the formulation of a policy
proportional to the magnitude of our could be administered as such. In this
interests. The diversity of experiences sense, traditional management
and interests lead people to different techniques may be very useful.
conceptions when evaluating problems.
Therefore, characterizing and assessing The technical formulation of a situation
problems have a very important and as a problem of public interest involves
essentially subjective component that several complementary actions:
inevitably arises during the formulation
of any policy. a) The description, characterization
and assessment of the general
In the case of public policies, defining the situation in which the problem is
"object" entails precising the problem framed. A good analysis must account
that originates and justifies the for the behavior that the problem has
intervention; this element will articulate had in the region over recent years
the remaining components of the and for its different manifestations.
directive. In other words, a public policy The analysis of a problem also
has sense insofar as it contributes to involves disassambling it into specific
solving problems of public interest. For problems that could be analyzed and
this reason, we cannot expect much from evaluated more easily.
a policy without an adequate definition b) The selection and definition of the
of its object. This happen in several specific issues that will be the object
countries, where policy makers often of regulation. Even if resources
implement "solutions", even before abound, a policy cannot disperse its

16
efforts. In this respect, it may be The formulation of a public policy must
necessary to apply prioritization guarantee its legitimacy. This pourpose
procedures for concentrating efforts will require defining the "principles” of
on those aspects rated as most the intervention. The “principles” are
important. explicit statements of different types
c) The causal analysis of the (technical, legal, and moral) that cover
problem. It is a set of activities to the directive with legitimacy, and give it
explain why the problem selected the character of mandatory standard.
exists. This includes identification, Defining the set of principles that
characterization and assessment of support the decision is particularly
the causes that produce the problem important when solving complex and
and its consequences for those controversial problems.
involved.
In relation to health, international
agencies have proposed some goals that
The activities implicated in a technical act as general pillars of any public policy:
formulation of the problem must be 71 72

based on a good review and critical


evaluation of the best available  Reducing health inequalities.
information, either in published  Improving the health status of
literature or in experiences of social people.
agents.  Improve the response of health
systems towards the legitimate
expectations of the population.
4.6.3 Definition of the principles and  Protecting people in an equitable way
foundations of the intervention from the derived financial
implications of health care.
Public policies must be legitimate. The
term legitimacy refers to the degree of 4.6.4 Formulation of policy objectives
social support that a guideline has. The
legitimacy of a public policy is related to Public policies must have explicit and
the ability of the power to gain well-defined objectives. Objectives are
obedience without resorting to physical the anticipated expression of the
intimidation or coercion. From a modern expected results and are formulated as
conception, policies should not be based favorable descriptors of an observable
on violence and arbitrariness, but on future situation, wherein negative charge
arguments to substantiate and make related to the problem has been
sense of the guideline while making it removed. In Spanish the objectives that
viable. In States of Law, the legitimacy of may be quantified along time are often
a policy is based on its consistency with called "goals" (metas).
the legal as well as ethical platforms, and
with the endogenous values of the social There are different approaches to
organization. formulating objectives.73. Technically, the
objective should clearly define and

17
precize the expected result, describing it potential damages. In this regard, it may
as an observable and achievable be important to review how, when, and
situation. A common mistake in who has applied the analyzed strategies
formulating objectives is to confuse the previously, and what results were
expected result (the what) with the obtained with them.
means to achieve it (the how). This
confusion tends to affect the Therefore, strategies are means, not
effectiveness of interventions, diverting ends. They would lose their value if they
attention towards the means instead of were separated from the objective.
the results. For example, the objetctive Therefore, it is meaningless to design
of a health policy should be to improve a strategies and rules without firstly
condition or health indicator, rather than defining objectives. Formally, strategies
the increase in insurance coverage and can be expressed as general action
consumption of medical services. These frameworks aimed at achieving a specific
latter may be important as means but result. Additionally, strategies must be
not as an end, and their implementation feasible, applicable, assessable, and
does not guarantee by itself an legitimate. Besides, strategies must be
improvement in the health of people. incorporated clearly and explicitly in the
public policy. Some authors propose to
express strategies as gerunds in order to
4.6.5 Formulation of strategies emphasize their character of means,74 for
instance “strengthening research
After having established the objectives, capacity of universities...”, “developing
the policy should also define how to an information system... ”,
achieve them. To achieve an objective, “redistributing the tax system... ”,
there can be multiple ways. Some of “removing administrative barriers to
them are more effective, simpler, safer, services... ”. As general lines of action, it
and less expensive. When examining the is not expected that strategies were
different alternatives that could lead to described in detail; this will be done later
the objective, it is possible to identify on, during the planning phase, when they
how many of them seem comparatively will be broken down into simpler units of
more advantageous, as it guarantees the action as processes, procedures and
best results with minimal losses. A activities.
strategy is such option (or principle of
action) that provides the maximum Objectives and strategies are at the core
advantage in relation to the intended of every policy.
objective. The selection of strategies
should not be a mechanical act, but the 4.6.1 Definition of formal and
product of a thoughtful and intelligent operational aspects
analysis. In general, one should
systematically review and compare After defining the objectives and
several alternative actions before strategies of the policy, it will be
selecting the strategic choice; this can be necessary to establish the required legal
done by weighing the results, efforts, and and administrative mechanisms to

18
implement it. These mechanisms vary for application areas, periodicity,
each case and depend on the monitoring, and evaluation systems.
characteristics of the policy and its  Monitoring and control devices.
components, including the follow: Insofar as different actors participate
in the implementation of the policy
 Juridical and legal projects. These and assume functions and
instruments involve formulating and responsibilities, monitoring and
managing draft laws, decrees, or control systems will be required to
other statal regulations. Not all policy ensure the fulfillment of the
provisions should take the form of a guidelines and the protection of
legal rule. However, this forma may public interest, in contexts that
be necessary: a) if the directive involve the social purposes of the
affects previous standards, State. In each country, there may be
particularly in terms of resources different mechanisms to ensure
with specific destination, or rights compliance with policies; in any case,
and privileges of any actors; b) citizen oversight and accountability
whenever competing interests systems are appropriate tools of
emerge among social actors; c) or, (participatory) democracy that should
when an incumbent government be strengthened.75 Additionally,
desires to turn their programs and stakeholders involved in policimaking
guidelines (government policies) into must put in practice effective anti-
permanent policies (State policies). corruption measures to ensure the
transparency and legality of the
 Plans, programs, and projects. policy. This will include institutional
Development plans are an excellent and administrative strengthening of
way to implement public policies, State control agencies: prosecution
with the advantage that they can offices, comptrollerships and
coordinate efforts and synergistically ombudsmen.
solve problems isolated in previous
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