JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Tracking South Africa's progress on health care rights: Are we any closer to achieving the goal?

Volume: Volume 7(1) - 2003

Article type: Refereed article

Author/s: Pillay, Karrisha

The article examines the definition of health care services and proposes criteria that expand the concept beyond the narrow biomedical model to a holistic model. Discussing the Court's understanding of reasonableness in the Grootboom and TAC judgments, the author concludes that in addition to these general criteria, the concept must be informed by important health-specific elements.

In this regard she extrapolates guiding principles from both the international and domestic context that should inform the standard against which to measure access to health care services in South Africa. The author further assesses the extent to which both the theoretical framework for realising health care rights and its implementation meet the criteria laid down in the Grootboom and TAC cases and relevant international law. Finally, she identifies challenges in realising health care rights and proposes strategies for both government and civil society to advance the goal of quality health care services for all.

About the author/s

Karrisha Pillay

Advocate oj the High Court and member of the Cape Bar

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