- Healthcare is a right for all in South Africa, including migrants and undocumented people.
- No one may be turned away from clinics or hospitals based on nationality.
- SAHRC warns against public gatekeeping and urges equal, lawful access for all.
The South African Human Rights Commission (SAHRC) has reminded the public that healthcare in South Africa is a right, not a privilege. No one may be denied medical care because of their nationality or immigration status.
This comes after reports that some public hospitals and clinics are turning people away simply because they are not South African citizens or don’t have the right documents.
What the Constitution says
South Africa’s Constitution is clear, the SAHRC said. Section 27 says: “Everyone has the right to have access to healthcare services, including reproductive healthcare.” This means everyone, including South Africans, refugees, asylum seekers, undocumented migrants, stateless people, and children, has the right to healthcare. Even people in jail or those living in poverty are protected under this law.
The law also says: “No one may be refused emergency medical treatment.” So, if a person needs urgent help, they must be treated, no questions asked.
No one has the right to block access to clinics
The SAHRC said it is very concerned about reports of people standing outside clinics and hospitals, blocking or threatening those who try to get care. Some of these individuals claim to be “protecting services” for South Africans.
But the SAHRC says this is illegal. “No civic group or individual has the right to control who may enter a public health facility,” the SAHRC said in a statement. “Only the Department of Home Affairs and the South African Police Service can act on immigration matters, and even then, it must be done lawfully.”
The real problem: A struggling health system
The SAHRC acknowledged that the public health system is under pressure. Clinics and hospitals face serious problems like staff shortages, long queues, and not enough beds or medication.
But it warned that blaming migrants for these problems is wrong and dangerous. “Discriminating against people won’t fix our healthcare system,” the statement said. “It only creates fear, anger, and division.”
The SAHRC said it continues to meet with health departments and hospital leadership to find solutions to the system’s challenges.
A call for calm, fairness, and the rule of law
The SAHRC is asking all public health workers to treat every patient with respect, regardless of where they come from. It also urges the police and government to stop any unlawful actions by individuals or groups.
“Healthcare is about life, dignity, and fairness,” the SAHRC said. “Turning people away because of who they are goes against everything our Constitution stands for.”
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