The South African Human Rights Commission (SAHRC) has raised concern over allegations that some foreign nationals are being barred from accessing healthcare services at clinics and hospitals due to their documentation status.
The commission insisted that denying anyone healthcare service is a violation of the constitution and a threat to the human rights values of South Africa.
In a statement, the commission explained that the main issue has been the rising number of complaints that public health facilities are turning away patients, especially migrants and asylum seekers, on unlawful and discriminatory grounds.
“Section 27(1) of the constitution of the Republic of South Africa, 1996, clearly states that everyone has the right to have access to healthcare services, including reproductive healthcare.
“This constitutional provision means that all people in South Africa, regardless of nationality, legal status, race, gender, age, income level, or geographic location, are entitled to access basic healthcare services,” reads the statement.
This includes citizens, refugees, asylum seekers, documented and undocumented migrants, stateless individuals, children and unaccompanied minors, people in detention, the elderly, and people living with disabilities or in poverty.
It is also noted that Section 27(3) guarantees that emergency medical treatment shall not be refused to anyone.
Facilities must provide care unconditionally
This, according to the statement, means that both public and private healthcare facilities must provide emergency care unconditionally.
The SAHRC has also condemned any practice of refusing care based on immigration status or documentation.
“Such practices are not only unethical and unlawful but also inconsistent with South Africa’s obligations under both domestic and international human rights law.
“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 power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs, supported by the South African Police Service when lawfully required,” reads the statement.
The commission also noted the staff shortages, long waiting times, and lack of beds in the healthcare sector, urging health departments and provincial leaders to find solutions.
The commission further urged that workers and government departments ensure non-discriminatory access to healthcare, that healthcare professionals adhere to their ethical obligations and treat patients equally, and also for law enforcement to intervene in cases where actions by the public threaten the rights and safety of others.
