Foreigners Cannot Be Refused Medical Help In SA, Human Rights Commission Says
Foreigners living in South Africa — whether documented or undocumented — have a constitutional right to access healthcare services and must not be turned away from medical treatment. This was the emphatic message delivered by the South African Human Rights Commission (SAHRC) in a strongly worded media statement issued on Wednesday, 2 July 2025.
“Everyone has the right to have access to healthcare services, including reproductive healthcare,” the Commission said, quoting Section 27(1) of the Constitution of the Republic of South Africa, 1996.
The SAHRC reminded all healthcare workers, public hospitals, clinics, and the general public that access to health services is not reserved for South African citizens alone. It is a right guaranteed to everyone within South Africa’s borders, regardless of nationality or legal status.
Health rights apply to all – not just citizens
The Commission clarified that the following groups are all entitled to basic healthcare services in South Africa:
-
South African citizens
-
Refugees and asylum seekers
-
Documented and undocumented migrants
-
Stateless persons
-
Children, including unaccompanied and stateless minors
-
Persons in detention
-
Vulnerable groups, including persons with disabilities, the elderly, and those living in poverty
Quoting directly from the Constitution, the SAHRC said:
“The Constitution does not qualify or limit this right based on immigration status or citizenship.”
Furthermore, Section 27(3) specifically guarantees that:
“No one may be refused emergency medical treatment.”
The Commission said this legal protection applies unconditionally, and both public and private health facilities are required to comply.
SAHRC slams ‘unethical and unlawful’ denial of treatment
In the same advisory, the SAHRC expressed concern over reports that some healthcare facilities are refusing to treat patients based on their nationality or because they lack proper documentation.
“Such practices are not only unethical and unlawful but also inconsistent with South Africa’s obligations under both domestic and international human rights law,” the Commission warned.
It also condemned reports of groups or individuals taking matters into their own hands by preventing foreign nationals from entering clinics.
“No civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws,” the Commission stressed.
“The power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs, supported by the South African Police Service (SAPS) when lawfully required.”
The Commission urged SAPS and Home Affairs to act decisively and responsibly to avoid community members taking the law into their own hands.
Pressure on healthcare no excuse for discrimination
While acknowledging serious systemic challenges in the public health sector — such as staff shortages, long queues, and limited bed space — the SAHRC emphasised that these problems do not justify discrimination.
“The Commission, through its monitoring work, has seen challenges in the healthcare sector,” the statement read.
“The Commission continues to engage healthcare facility leadership, MECs, and the relevant departments of health with a view to addressing these systemic challenges.”
The SAHRC urged healthcare professionals to maintain ethical standards and treat all patients equally, regardless of nationality, status, or income level.
“Access to healthcare is central to the right to dignity, the right to life, and the right to equality,” the Commission said.
It also warned the public and civic groups against blocking access to clinics or hospitals, saying this constitutes a human rights violation.
“Manning of clinics and hospital entrances, citing challenges with accessing healthcare services, is a violation of human rights.”
“We urge members of the public who are frustrated by lack of access to health to raise concerns with relevant departments or lodge complaints with the Commission.”
Rights body vows to protect everyone’s access to health
In conclusion, the SAHRC reaffirmed its commitment to educating people about their rights and ensuring that no one in South Africa is excluded from healthcare based on who they are or where they come from.
“The South African Human Rights Commission remains committed to promoting and protecting the right to health for all persons in South Africa,” the statement concluded.
The Commission said it will continue its monitoring, outreach, and advocacy to ensure that the constitutional right to healthcare is upheld — for everyone.
Follow Us on Google News for Immediate Updates
The post Illegal Foreigners Have Right To Health Care Too: SA Human Rights Commission Says No One Must Be Turned Away appeared first on iHarare News.
