No One Can Be Refused Health Care In South Africa According To The South African Constitution

According to an extract from the South African constitution, no one can be denied Health Care in South Africa because it is a basic human right. The SA constitution, (which can be accessed here 4th_esr_chap_4) explicitly stipulates that no one can be denied health care under any circumstances in South Africa.

This is also contained in a Constitutional Provision for the right to health in East and Southern Africa dossier that was compiled by Centre for Health, Human Rights and Development (CEHURD)’s academics Moses Mulumba, David Kabanda and Viola Nassuna. Part of the dossier that speaks about healthcare being a human right says:

The South African Constitution probably has one of the strongest provisions on the right to health. The right to health is covered under Article 27, together with rights to food, water and social security (Republic of South Africa, 2005). The Article provides that everyone has the right to have access to: health care services, including reproductive health care; sufficient food and water; and social security, including appropriate social assistance if they are unable to support themselves and their dependents.

The Article requires the State to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. The Constitution further stipulates that no one may be refused emergency medical treatment in public health facilities. The Constitution makes substantive provisions on other rights, including the right to housing and to a clean, healthy environment.

This comes after the former Former secretary-general of the powerful Congress of South African Trade Unions (COSATU) urged the South African government to deny Zimbabwean political elites like Ministers medical treatment in South Africa.

Source: Diss81_ESAconstitution

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