Healthcare access for undocumented migrants in South Africa: What you need to know
The South African Human Rights Commission (SAHRC) has raised concerns over the current move where undocumented foreign nationals are being denied access to healthcare services at public clinics and hospital.
Image: Vidal Balielo Jr/ Pexels
The South African Human Rights Commission (SAHRC) has raised concerns over the current move where undocumented foreign nationals are being denied access to healthcare services at public clinics and hospitals.
In a recent statement, the SAHRC said the troubling spike in complaints from individuals turned away from healthcare facilities was unlawful and discriminatory.
"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," said the SAHRC.
This encompasses a diverse range of individuals, including citizens, refugees, asylum seekers, both documented and undocumented migrants, stateless persons, children and unaccompanied minors, those in detention, the elderly, and individuals facing disabilities or living in poverty.
Moreover, Section 27(3) explicitly states that emergency medical treatment shall not be denied to anyone. This legal provision mandates both public and private healthcare facilities to provide emergency care without conditions, underscoring the country's commitment to human dignity and health rights.
The SAHRC did not mince words in condemning practices that refuse healthcare based solely on immigration status or documentation, declaring such actions unethical, unlawful, and inconsistent with both domestic and international human rights obligations.
"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 (SAPS) when lawfully required," added the SAHRC.
Alongside these concerns, the SAHRC urged health departments and provincial leaders to urgently address critical issues plaguing the healthcare sector, such as staff shortages, long waiting times, and insufficient bed availability.
The commission said these systemic challenges, compounded with discriminatory practices, threaten to exacerbate healthcare inequity in an already strained system.
In light of these issues, the commission has called for a collective effort from healthcare workers and government departments to ensure non-discriminatory access to healthcare services.
"The SAHRC therefore urges all public healthcare providers and provincial health departments to ensure non-discriminatory access to services in compliance with the Constitution and the National Health Act. There's also a call on healthcare professionals to uphold their ethical duties to treat all patients with humanity and impartiality."
Furthermore, the SAHRC said members of the public who are frustrated by lack of access to health should raise their concerns with relevant departments or lodge complaints with the commission.
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