Constitutional Law

Right to Healthcare

Section 27 of the Constitution gives everyone the right of access to healthcare services. The state must take reasonable legislative and other measures to progressively realise this right.

Legal Definition

Section 27(1)(a) gives everyone the right of access to healthcare services, including reproductive healthcare. Section 27(2) requires the state to take reasonable measures within available resources. Section 27(3) requires emergency medical treatment without refusal. The Constitutional Court confirmed this right in Treatment Action Campaign.

📖 Constitutional / Statutory Basis: Section 27, Constitution of the Republic of South Africa, 1996; National Health Act 61 of 2003

Practical Example

A public hospital denies emergency treatment citing limited resources. This may violate s27(3) — the right to emergency medical treatment cannot be withheld regardless of resources.

Frequently Asked Questions

Can a hospital refuse to treat me in an emergency?

No. Section 27(3) prohibits refusal of emergency medical treatment. This applies to all medical institutions, public or private.

What is the right to reproductive healthcare?

The Choice on Termination of Pregnancy Act 92 of 1996 gives effect to women's right to reproductive healthcare, including access to safe abortions.

Can I sue the state for failing to provide healthcare?

You can bring a constitutional challenge if the state fails to take reasonable measures to progressively realise the right. Courts can order appropriate relief.

Related Terms

Know the law. Know what to say.

The Advocate trains you to use your rights out loud — 389 real scenarios grounded in South African law and Scripture with exact rebuttals and law references. Free to start.

Browse Rights Scenarios — Free

or get a free checklist