Access to Health Care A Constitutional Right - 850 Words

Access to health care forms part of the socio-economic rights which are entrenched in the Constitution . In relation to access to health care, the application of socio-economic rights are subject to the availability of resources . In this essay I will discuss the developments in South African law with regards to the Constitution , focusing on discrimination and the right to life, in terms of access to health care in South Africa. I will provide examples in terms of case law and legislation to illustrate the attempts made to increase access to health care in South Africa. Section 27 of the Constitution outlines the right to health care, it states the following: 27. Health care, food, water and social security.- (1) Everyone has the right to have access to- a) health care services, including reproductive health care; b) sufficient food and water; and c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. Section 3 of the National Health Act , regarding responsibility for health care, gives section 27 of the Constitution statutory form. This section (section 3) stipulates what the Minister of Health must undertake as part of his duties. However, it limits the Ministers actions to the availability of resources within ourShow MoreRelatedThe Ethics Of Health Ethics1542 Words   |  7 PagesPublic-health frequently come across severe ethical problems, such as controlling rare assets, prompting individuals to adjustment to their conduct, and controlling independence to reduce disease spread. Unlike health ethics there is no established framework for exploring these problems. 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