The South African Human Rights Commission (SAHRC) has reaffirmed that access to healthcare is a constitutional right for all people within South Africa, irrespective of nationality, legal status, or immigration background.
In a media advisory issued on Wednesday, the Commission emphasized that Section 27(1) of the Constitution guarantees that “everyone has the right to have access to healthcare services, including reproductive healthcare.”
This means South African citizens, refugees, asylum seekers, documented and undocumented migrants, stateless persons, children (including those separated or unaccompanied), detainees, and vulnerable populations such as people with disabilities and those living in poverty are all entitled to basic healthcare.
“The Constitution does not qualify or limit this right based on immigration status or citizenship,” the Commission stated, adding that no one may be refused emergency medical treatment as per Section 27(3).
The statement comes amid ongoing national debates about public healthcare pressure and immigration, where the rights of migrants to access services have been a contentious issue.
The SAHRC reminded stakeholders including healthcare providers, policymakers, and the public that universal access to health is not just a policy stance but a constitutional mandate.
