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The South African Constitutional Court referred to a 1996 case of the Indian Supreme Court on access to emergency health care in the Soobramoney case. [3] In 2017, the European Court of Human Rights also recognised that there exists a right to access to emergency health care in the member states of the Council of Europe. [4]
This right to dignity is one of several places in which dignity features in the South African Constitution and constitutional law, and, though it is often considered alongside other rights, it is rarely on its own dispositive. [7] Thus in Dawood v Minister of Home Affairs, Justice Kate O'Regan wrote for a unanimous Constitutional Court that:
The Constitution of South Africa is the supreme law of the Republic of South Africa. ... Section 27: the rights to food, water, health care and social assistance, ...
The National Health Insurance Act, 2023 (Act No. 20 of 2023) is an act of the Parliament of South Africa, which establishes a South African national health insurance system, commonly referred to as NHI, with the aim of "pooling public revenue in order to actively and strategically purchase health care services" and creating a "single framework throughout the Republic for the public funding and ...
Health in South Africa touches on various aspects of health including the infectious diseases (such as HIV/AIDS), Nutrition, Mental Health and Maternal care. The Human Rights Measurement Initiative [ 1 ] finds that South Africa is fulfilling 73.4% of what it should be fulfilling for the right to health based on its level of income. [ 2 ]
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
The South African Constitution guarantees everyone "access to health care services" and states that "no one may be refused emergency medical treatment." Hence, all South African residents, including refugees and asylum seekers , are entitled to access to health care services.
[3] The Constitution defines the right to health as "the enjoyment of the highest attainable standard of health," and enumerates some principles of this right as healthy child development; equitable dissemination of medical knowledge and its benefits; and government-provided social measures to ensure adequate health.