References

Refugees, migrants and health care in South Africa, explained

Explainer Card

References

  1. You will find this at Section 27 of the Constitution.
  2. This right is ‘subject to any condition prescribed by the Minister’ of Health. Also, there are two categories that are excluded from this right: people who have medical aid, or those who are receiving compensation for compensable occupational diseases. You will find this at Section 4(3)(b) of the National Health Act.
  3. You will find this at Section 4(3)(a) of the National Health Act.
  4. You will find this at Section 27(g) of The Refugees Act 130 of 1998.
  5. This is at Section 44 of the Immigration Act.
  6. Free services includes health services for pregnant and breast-feeding women and children under age of seven. Free services also includes: termination of pregnancy in some circumstances, services required in terms of the criminal procedure act, services at psychiatric units and those people with certain infectious diseases, including HIV & TB.
  7. This is in line with the SADC Protocol on Health, which was signed in 1999.
  8. In this case, it was confirmed by the courts that a South African man could be denied kidney dialysis treatment because the healthcare system did not have enough machines to treat everyone that needed it. This was not found to be unconstitutional, but the healthcare system had to administer treatment to the best of its abilities in line with progressive realization.
  9. You will find this at Section 61(3) of the National Health Act.
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