6.7. What are my legal and human rights?

* The South African Constitution gives every person the right to healthcare services, sufficient food and water and emergency medical treatment (Section 27).
* The Universal Declaration of Human Rights states: "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including ... medical care and necessary social services." (Section 25)
* The Health Professions Council of South Africa (HPCSA) guidelines, which are legally enforceable, say no health worker can:
- refuse to treat someone because they have HIV
OR
- treat HIV-positive people differently to other patients (e.g. for fear of getting infected with HIV)
* Every person has a right to treatment as set out in the SA National Department of Health's national guidelines.
* An HIV-positive person who is refused treatment by a public hospital or clinic can report this to the SA National Department of Health or the Public Protector, or take their case to the High Court.
See 10. Legal and Human Rights
- end of chapter -



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