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The right to not be refused emergency medical treatment in South Africa
Emergency medical treatment is not expressly recognised as a right under international law, but it is implied under the right to the highest attainable standard of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a rig...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867613278443667456 |
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| access_status_str | Open Access |
| author | Dickson, Roxanne |
| author2 | Chirwa, Danwood |
| author_browse | Chirwa, Danwood Dickson, Roxanne |
| author_facet | Chirwa, Danwood Dickson, Roxanne |
| author_sort | Dickson, Roxanne |
| collection | Thesis |
| description | Emergency medical treatment is not expressly recognised as a right under international law, but it is implied under the right to the highest attainable standard of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a right in its own respect. In South Africa, Section 27(3) of the Constitution provides that nobody may be refused emergency medical treatment. This thesis shows that while this is a constitutionally entrenched right and there is a legislative framework in South Africa giving effect to this right, there are gaps in the law that affect the effective implementation of this right. The concept of emergency medical treatment, or a medical emergency, remains ill-defined in South African legislation. The implications of this right for both state and private healthcare providers remain underdeveloped. The interests of the most vulnerable members of society are not adequately protected in legislation governing emergency medical treatment. Lastly, many people in South Africa do not have access to emergency medical treatment. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37112 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:35.758Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37112 The right to not be refused emergency medical treatment in South Africa Dickson, Roxanne Chirwa, Danwood Emergency medical treatment right to health, Section 27(3) of the Constitution Emergency medical treatment is not expressly recognised as a right under international law, but it is implied under the right to the highest attainable standard of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a right in its own respect. In South Africa, Section 27(3) of the Constitution provides that nobody may be refused emergency medical treatment. This thesis shows that while this is a constitutionally entrenched right and there is a legislative framework in South Africa giving effect to this right, there are gaps in the law that affect the effective implementation of this right. The concept of emergency medical treatment, or a medical emergency, remains ill-defined in South African legislation. The implications of this right for both state and private healthcare providers remain underdeveloped. The interests of the most vulnerable members of society are not adequately protected in legislation governing emergency medical treatment. Lastly, many people in South Africa do not have access to emergency medical treatment. 2023-03-02T08:25:02Z 2023-03-02T08:25:02Z 2022 2023-02-20T12:33:23Z Master Thesis Masters LLM http://hdl.handle.net/11427/37112 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Emergency medical treatment right to health, Section 27(3) of the Constitution Dickson, Roxanne The right to not be refused emergency medical treatment in South Africa |
| thesis_degree_str | Master's |
| title | The right to not be refused emergency medical treatment in South Africa |
| title_full | The right to not be refused emergency medical treatment in South Africa |
| title_fullStr | The right to not be refused emergency medical treatment in South Africa |
| title_full_unstemmed | The right to not be refused emergency medical treatment in South Africa |
| title_short | The right to not be refused emergency medical treatment in South Africa |
| title_sort | right to not be refused emergency medical treatment in south africa |
| topic | Emergency medical treatment right to health, Section 27(3) of the Constitution |
| url | http://hdl.handle.net/11427/37112 |
| work_keys_str_mv | AT dicksonroxanne therighttonotberefusedemergencymedicaltreatmentinsouthafrica AT dicksonroxanne righttonotberefusedemergencymedicaltreatmentinsouthafrica |