The right to not be refused emergency medical treatment in South Africa
| dc.contributor.advisor | Chirwa, Danwood | |
| dc.contributor.author | Dickson, Roxanne | |
| dc.date.accessioned | 2023-03-02T08:25:02Z | |
| dc.date.available | 2023-03-02T08:25:02Z | |
| dc.date.issued | 2022 | |
| dc.date.updated | 2023-02-20T12:33:23Z | |
| dc.description.abstract | Emergency medical treatment is not expressly recognised as a right under international law, but it is implied under the right to the highest attainable standard of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a right in its own respect. In South Africa, Section 27(3) of the Constitution provides that nobody may be refused emergency medical treatment. This thesis shows that while this is a constitutionally entrenched right and there is a legislative framework in South Africa giving effect to this right, there are gaps in the law that affect the effective implementation of this right. The concept of emergency medical treatment, or a medical emergency, remains ill-defined in South African legislation. The implications of this right for both state and private healthcare providers remain underdeveloped. The interests of the most vulnerable members of society are not adequately protected in legislation governing emergency medical treatment. Lastly, many people in South Africa do not have access to emergency medical treatment. | |
| dc.identifier.apacitation | Dickson, R. (2022). <i>The right to not be refused emergency medical treatment in South Africa</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/37112 | en_ZA |
| dc.identifier.chicagocitation | Dickson, Roxanne. <i>"The right to not be refused emergency medical treatment in South Africa."</i> ., ,Faculty of Law ,Department of Public Law, 2022. http://hdl.handle.net/11427/37112 | en_ZA |
| dc.identifier.citation | Dickson, R. 2022. The right to not be refused emergency medical treatment in South Africa. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/37112 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Dickson, Roxanne AB - Emergency medical treatment is not expressly recognised as a right under international law, but it is implied under the right to the highest attainable standard of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a right in its own respect. In South Africa, Section 27(3) of the Constitution provides that nobody may be refused emergency medical treatment. This thesis shows that while this is a constitutionally entrenched right and there is a legislative framework in South Africa giving effect to this right, there are gaps in the law that affect the effective implementation of this right. The concept of emergency medical treatment, or a medical emergency, remains ill-defined in South African legislation. The implications of this right for both state and private healthcare providers remain underdeveloped. The interests of the most vulnerable members of society are not adequately protected in legislation governing emergency medical treatment. Lastly, many people in South Africa do not have access to emergency medical treatment. DA - 2022_ DB - OpenUCT DP - University of Cape Town KW - Emergency medical treatment KW - right to health, Section 27(3) of the Constitution LK - https://open.uct.ac.za PY - 2022 T1 - The right to not be refused emergency medical treatment in South Africa TI - The right to not be refused emergency medical treatment in South Africa UR - http://hdl.handle.net/11427/37112 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/37112 | |
| dc.identifier.vancouvercitation | Dickson R. The right to not be refused emergency medical treatment in South Africa. []. ,Faculty of Law ,Department of Public Law, 2022 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/37112 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Emergency medical treatment | |
| dc.subject | right to health, Section 27(3) of the Constitution | |
| dc.title | The right to not be refused emergency medical treatment in South Africa | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |