The South African Human Rights Commission (SAHRC) has raised concerns over health-care facilities that allegedly deny treatment to individuals based on nationality or documentation status.
Last week, Operation Dudula barred foreign nationals from accessing health-care facilities at Johannesburg’s Hillbrow clinic.
In a statement, the SAHRC said such practices are unethical and unlawful.
“It is important to note that no civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws,” the SAHRC said.
“The power to inspect, arrest or detain undocumented people lies solely with the department of home affairs, supported by the police when lawfully required.”
It said all South Africans and those who live in the country, regardless of nationality, race, gender, age, income level or geographic location, have a right to access health-care facilities.
This includes South African citizens, refugees and asylum seekers, documented and undocumented migrants, stateless people, children (including separated, unaccompanied and stateless children), people in detention, vulnerable people such as those with disabilities, older people and individuals living in poverty.
“The constitution does not qualify or limit this right based on immigration status or citizenship. Furthermore, in accordance with section 27(3), 'No one may be refused emergency medical treatment.' This provision ensures that emergency health care must be provided unconditionally by both public and private health facilities.
“Access to health care is central to the right to dignity, the right to life, and the right to equality. The denial of health care on discriminatory grounds undermines the constitutional promise of a just, inclusive and caring society.”
The commission noted challenges faced by the health-care sector, including a shortage of staff and facilities, as well as long queues in clinics and hospitals. It urged residents to raise their concerns with the relevant department.
“Manning of clinics and hospital entrances citing challenges with accessing health-care services is a violation of human rights.”
The SAHRC called on health-care professionals to uphold their ethical duties and treat everyone with humility, and on law enforcement to ensure the public doesn't take the law into their own hands.
TimesLIVE
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