
Addressing Healthcare Access Inequalities in South Africa: Evaluating Legislative and Human Rights Obligations and Proposing Strategies for Improvement
Issue: Vol.5 No.16 Issue Article 55 pp.3371 – 3382
DOI: https://doi.org/10.38159/ehass.202451655 | Published online 30th December, 2024
© 2024 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
The study employed a mixed-methods approach, combining qualitative and quantitative research methodologies. A comprehensive review of legislative documents, including the National Health Act, the Promotion of Access to Information Act, and the Protection of Personal Information Act, was conducted to assess their impact on healthcare access. The findings revealed significant gaps in healthcare access, particularly among low-income and rural populations. Despite comprehensive legislation, implementation challenges and resource constraints hinder effective access to care. The study highlights discrepancies between policy intentions and real-world outcomes, with particular emphasis on systemic issues such as inadequate healthcare infrastructure and limited financial resources. The study recommends several strategies for improvement, including enhancing the implementation of existing healthcare laws, increasing investment in healthcare infrastructure, and developing targeted programs to address the specific needs of marginalized communities. Additionally, it suggests strengthening oversight mechanisms to ensure compliance with human rights obligations and improving data collection to understand better and address access disparities. Finally learning from Cuba’s healthcare model to improve the South African Healthcare System. This study adds to the existing body of knowledge by conducting a thorough assessment of healthcare accessibility in South African legislation and its alignment with human rights standards. It offers practical recommendations for policymakers and stakeholders, aiming to close the space between legal frameworks and healthcare delivery. By highlighting the challenges and proposing actionable strategies, the study provides valuable insights for improving healthcare access and addressing inequalities in South Africa.
Keywords: Inequalities, Health systems, Inaccessibility, International documents, Constitutional obligations
Legislations
South Africa
- Choice of Termination of Pregnancy Act 92 of 1996.
- Constitution of the Republic of South Africa Act 108 of 1996
- National Health Act 61 of 2003
Cuba
- Cuba’s Constitution of 1976.
- Cuba’s Constitution of 2019.
- Public Health Law No 41 of 1983.
International Conventions
- Convention on the Rights of the Child, 1989.
- Convention on the Elimination of All Forms of Discrimination against Women, 1979.
- Universal Declaration of Human Rights, 1948.
- International Covenant on Economic, Social and Cultural Rights, 1966.
Cases Laws
- Government of the Republic of South Africa and Others v Irene Grootboom and Others 2001 (1) SA 46 (CC).
- Soombramoney v Minister of Health (Kwazulu-Natal) 1998 (1) SA 765 (CC).
- Minister of Health and Others v Treatment Action Campaign and Others (No 2) 2002 (5) SA 721 (CC).
- Mazibuko v City of Johannesburg CCT/39/09 (8 October 2009).
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Mlondolozi Mvikweni is a Law graduate from Walter Sisulu University with great interest in Private Law and Public Law and Medical law is his office of specialization(Masters). He is looking for Articles of Clerkship.
Mvikweni, Mlondolozi. “Addressing Healthcare Access Inequalities in South Africa: Evaluating Legislative and Human Rights Obligations and Proposing Strategies for Improvement,” E-Journal of Humanities, Arts and Social Sciences 5, no.16 (2024): 3371 – 3382. https://doi.org/10.38159/ehass.202451655
© 2024 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).