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Socio-historical understanding of the institutionalization of rare diseases—analysis of Spanish policies in the European context

Rare Disease Policies Rise from Social Upheaval

From Toxic Oil Syndrome to EU Coordination: A Historical Shift

Emerging social movements and seismic cultural shifts since the 1980s have profoundly reshaped policies for rare diseases (RDs), both internationally and within Spain. The catastrophic Toxic Oil Syndrome (TOS) in Spain galvanized affected individuals, leading to associations that successfully influenced public opinion and political agendas.

Advocacy Coalitions Drive Health System Change

The convergence of interests and the formation of advocacy coalitions, as theorized by Nohrstedt and Heinmiller, have been instrumental. These alliances, often including patient groups and political allies, have systematically reformed healthcare systems and public perceptions of rare conditions. Recent health policies directly reflect these evolving societal values and beliefs.

US Pioneer Paves the Way for Orphan Drugs

In the late 1970s and early 1980s, Western health systems underwent significant transformation. A landmark example occurred in the United States, where **Abbey S. Meyers** spearheaded a campaign for better access to medication for individuals with rare diseases. Her advocacy led to President Reagan signing the Orphan Drug Act in 1983, specifically addressing RDs and the necessary treatments.

Following this, Meyers co-founded the National Organization for Rare Disorders (NORD), the first such organization for individuals affected by rare diseases. NORD effectively leveraged media support to apply pressure on political authorities, a strategy that became a model for other nations, including Japan (1993) and Australia (1990).

Spain’s TOS: A Catalyst for Domestic Reform

Spain’s experience with TOS in 1981 marked a critical juncture, occurring alongside significant societal changes like the transition to democracy, the HIV pandemic, and increased drug use. This period witnessed an surge in public interest in volunteering and associationism, amplified by a “media boom,” which raised civil society’s awareness and the visibility of the associative movement.

The response to the TOS unfolded in distinct, yet overlapping phases, focusing sequentially on bio-health, political control, and economic/social support.

Phase I: Bio-Sanitary Response to Crisis

The 1981 TOS outbreak exposed deep-rooted corruption and deficiencies in health surveillance. Adulterated rapeseed oil sickened and killed citizens, prompting immediate public and political alarm. The Spanish government responded by establishing a national program for the care and monitoring of affected individuals through Royal Decree 1839/1981, prioritizing an urgent, coordinated, and outward-facing healthcare approach.

Figure 2 illustrates the agents, values, and beliefs central to Phase I of Spain’s response to the Toxic Oil Syndrome.

Phase II: Political Reorganization and National Planning

Subsequent regulations, such as Royal Decree 783/1982, restructured administrative bodies, consolidating responsibility under the Ministry of Health and Consumption. Later, Royal Decree 1405/1982 established the National Plan for the Toxic Syndrome, directly under the Presidency of the Government, elevating political coordination and control. This phase also began to incorporate research into the support framework.

Discussions in parliamentary records highlight growing attention to the social and labor challenges faced by those affected. This shift signaled a move from a purely “sanitary” to a broader “health” system approach, acknowledging the need for social and educational services.

Socio-historical understanding of the institutionalization of rare diseases—analysis of Spanish policies in the European context
Figure 3 details the agents, values, and beliefs that characterized the second phase of the response.

Phase III: Economic and Social Reintegration Takes Center Stage

Royal Decree 1276/1982 introduced crucial economic and social aid, including family support and nutritional assistance for children. The National Institute of Social Services (INSERSO) became a key player in social protection, laying the groundwork for future specialized centers. The involvement of the Ministry of Education and Science with a dedicated schooling plan underscored a commitment to educational and social reintegration.

While these measures emphasized economic and educational aspects, truly integrated social and community-focused initiatives remained less prominent. The eventual restructuring of ministries saw economic and social dimensions retain importance within the Presidency, while biomedical aspects moved to Health, effectively marking the end of the National Plan for the Toxic Syndrome.

A 1995 parliamentary report on TOS concluded by recommending increased coordination, streamlined procedures, enhanced collaboration, and greater participation of those affected—a clear call for patient empowerment that would later be influenced by European directives.

Figure 4: Agents, values and beliefs of Phase IV.
Figure 4 outlines the elements from Phase IV, highlighting shifts in focus.

Institutionalizing Rare Disease Care

Spain’s democratic transition and the societal impact of TOS accelerated health system reforms. The General Health Law of 1986 established structural changes, promoting decentralization, research, and specialization, all while embedding values of equity and patient social reintegration. Ten years later, the creation of the CISAT within the Carlos III Institute marked a significant step in the institutionalization of care for TOS survivors, focusing on descriptive and epidemiological follow-up.

Figure 5: Agents, values and beliefs of institutionalization process (Second Episode).
Figure 5 illustrates the agents, values, and beliefs associated with the institutionalization process.

European Union Sets Pan-European Standards

Spain’s accession to the European Economic Community (EEC) in the 1990s introduced the EU as a crucial external actor, driving the promotion of RD policies and national plans. EU directives fostered coherence and coordination, prompting member states to adapt national strategies. In 1994, the EU launched a research program that identified challenges in RD research and encouraged cross-border collaboration, including the development of RD inventories and orphan drug banks.

By 1999, the EU established a dedicated Community action program for rare diseases, recognizing their societal impact and the need for better understanding. This program emphasized cooperation, research, and patient-provider relations, heavily influenced by the emerging EURORDIS association. Furthermore, Regulation (EC) 141/2000 incentivized the pharmaceutical industry to develop orphan drugs, mirroring earlier US and Japanese legislation and supporting initiatives like Orphanet.

Figure 6: Agents, values and beliefs during the Third Episode.
Figure 6 depicts the agents, values, and beliefs that characterized the third episode of policy development.

While the EU focused on community-wide approaches, Spain’s perspective shifted from a social emphasis towards a more institutional and individualistic model. The World Health Organization estimates that there are over 7,000 rare diseases, affecting an estimated 3.5% to 5.9% of the global population, highlighting the ongoing need for international collaboration and patient-centered policies.

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