Scl Assignment 3

1118 words - 5 pages

Access to health care forms part of the socio-economic rights which are entrenched in the Constitution . In relation to access to health care, the application of socio-economic rights are subject to the availability of resources .
In this essay I will discuss the developments in South African law with regards to the Constitution , focusing on discrimination and the right to life, in terms of access to health care in South Africa. I will provide examples in terms of case law and legislation to illustrate the attempts made to increase access to health care in South Africa.
Section 27 of the Constitution outlines the right to health care, it states the following:
27. Health care, food, ...view middle of the document...

We have seen the availability of resources limit the access to health care, now we will look at the impact of section 36 of the Constitution , the limitation clause, on the access to health care. This concept is lustrated in the Treatment Action Campaign and Others v The Minister of Health and Others 2002 TPD (unreported). The applicants sought an order against the Minister of Health to compel him to implement an effective national programme to prevent or reduce mother-to-child transmission of HIV, this involves dispensing Nevirapine to HIV infected mothers and their babies. The court ordered that if properly planned, it would be effective and ordered the respondents to come back to court three months later and report back on the status of their planning. This case is important because section 36 of the Constitution could not be applied as this case does not involve the law of general application to infringe rights . Due to the impact of this case many transmissions were prevented and access to health care improved.
Other statutory examples of access to health care that has been put forth is section 9 of the Constitution prohibiting unfair discrimination, which includes the ground of disability. The interpretation of this clause could lead to the reasoning that the Constitution , in turn protects for example, persons who are discriminated against on the basis of epilepsy. The Americans with Disabilities Act defined disability as an impairment that substantially limits a person in his or her major life activities .
The Promotion of Equality and Prevention of Unfair Discrimination Act gives statutory form to the right outlined in section 9 of the Constitution . Disability forms part of the comprehensive list of grounds on which discrimination is directly prohibited although it is not regarded as a psychiatric disorder . Section 9 of the Promotion of Equality and Prevention of Unfair Discrimination Act prohibits discrimination on the ground of disability which includes: denying a disabled person any supporting facility necessary for his or her functioning in society and, failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons. This statutory provision further validates the improvement of...

Find Another Essay On SCL Assignment 3

Enlightenment Thought in New Zealand Schools

1594 words - 6 pages In this essay I will be looking at how the political and intellectual ideas of the enlightenment have shaped New Zealand Education. I will also be discussing the perennial tension of local control versus central control of education, and how this has been affected by the political and intellectual ideas of the enlightenment. The enlightenment was an intellectual movement, which beginnings of were marked by the Glorious Revolution in Britain

Psychological Egoism Theory Essay

2240 words - 9 pages ambiguous on some issues. References Hinman, L. M. (2007). Ethics a Plurastic Approach, 4th edition. New York: Wadsworth Publishing Company. Hugh, L. (1988). The Truth in Psychological Egoism: Reason and Responsibility. New York : Wadsworth. Michael, S. (1978). Empirical Basis for Psychological Egoism Brainstorms. California: Bradford. p72-3. John, R. (1971). The Circumstances of Justice: Egoism in Context. Cambridge, MA: Harvard University Press. Smith, C.M. (1898). Psychological and Political Ethics. New York: Hafner Press. Feinberg, J. (1998). Psychological Egoism in Ethics: History, Theory, and Contemporary Issues. Oxford: Oxford University Press.

How Celtic Folkore has Influenced My Family

1587 words - 6 pages of us into the people that we are today. These pieces of Celtic folklore have shown me parts of my family that I never knew existed, and they are links to my past, present and future. Works Cited Browne, Ray B., William John Roscelli, and Richard J. Loftus. The Celtic Cross; Studies in Irish Culture and Literature. Freeport, NY: for Libraries, 1970. Print Desmond, Colm. Personal Interview. 3 November 2011. O'Brien, Máire, and

Julia Margaret Cameron

1406 words - 6 pages At a time when women were looked upon as being homemakers, wives, mothers and such the late 1850's presented a change in pace for one woman in specific. Photography was discovered in 1826 and soon after the phenomenon of photography was being experimented with and in turn brought new and different ways of photo taking not only as documenting real time, but also conceptualizing a scene in which an image would be taken. Julia Margaret Cameron will

Evaluation of School Improvement

1403 words - 6 pages Georgiaville Middle School, November, 2011. Nolan, J. F. (2008). Teacher supervision and evaluation: Theory into practice 2nd ed. Hoboken, NJ: John Wiley & Son, Inc. Oliva, P. (2009). Developing the curriculum for educational management corporation. Garland, TX: Addison Wesley. Wang, S., & Hsua, H. (2008). Reflections on using blogs to expand in-class discussion. TechTrends, 52(3), 81-85. Retrieved from http://search.proquest.com/docview/223124027?accountid=34899

Case Study: The Benefits of Animal Testing

1757 words - 7 pages Nine year old Amy has already had a rough start in life. She was born with an abnormal heart that hinders her everyday activities. Amy is unable to keep up with kids her own age because she often tires out easily. As a consequence, she has very little friends and is often alone. Amy is forced to take different medications everyday just to survive. Amy’s life consists of medicine, doctors, and constant hospital visits. However, Amy is due for a

Myth and Magic: Realism in "One Hundred Years of Solitude"

1531 words - 6 pages “He enjoyed his grandmother's unique way of telling stories. No matter how fantastic or improbable her statements, she always delivered them as if they were the irrefutable truth” (Wikipedia, 2011). Experiences are particular instances of one personally encountering or undergoing something and in these moments of time life changes for the best or the worst and memories are formed. These recollections such as riding your first bicycle, going to

Adiponectin: a Novel Indicator of Malnutrition and Inflammation in Hemodialysis Patients

2384 words - 10 pages considered to be the main cause of malnutrition in these patients (2). Adiponectin is a cytokine which is exclusively produced by adipose tissue and has multiple roles in glucose and lipid metabolism, insulin resistance and inflammation (3). Generally, adiponectin has an inverse relationship with the degree of adiposity (4). Serum levels of adiponectin were reported to be two times higher in hemodialysis patients than general population (5). Moreover

The Congo Free State: A Legacy of Apathy, Exploitation and Brutality

2298 words - 9 pages ." International Journal of African Historical Studies 39, no. 3 (October 2006): 471-486. Hamilton, Richard F. "A Neglected Holocaust." Human Rights Review 1, no. 3 (April 2000): 119-123. Louis, William Roger. "Roger Casement and the Congo." The Journal of African History. 5. no. 1 (1964): 99-120. Meredith, Martin. The Fate of Africa: A History of Fifty Years of Independence. New York: PublicAffairs, 2005.

Selective Exposition in The Lottery, by Shirley Jackson

1073 words - 4 pages Usually when someone hears the word “lottery” the first thing that comes to mind is a large sum of cash that people compete against highly impractical odds to win. Shirley Jackson’s story The Lottery might imply a similar conception based on the title alone, but the story is filled with unknowns never revealing exactly when and where the story takes place, or why the lottery exists; even what the lottery is isn’t revealed until the very end. Yet

Lightning

1857 words - 7 pages INTRODUCTION I remember when I was a young child; I would always be scared whenever there was a severe storm outside that included thunder and lightning. This was especially true in the hours of darkness, when you could really see the lightning. As I grew older this so-called fear of lightning turned into a fascination for this weather phenomena. One of my most vivid memories of lightning as a young man was when I was flying to Florida, the

Similar Essays

Essay

7912 words - 32 pages grundjobbet åt programmet har Pell utvecklat en spelgenerator. Detta är ett program som konstruerar nya spel i klassen Pell definierat. Spelreglerna noteras med ett speciellt kodsystem för spelregler som Pell utformat. De nyutvecklade spelreglerna skickas sedan till SCL-Metagamer, som är det program som sedan spelar spelen.Hur bra Metagamer presterar på de nyutvecklade spelen är svårt att bedöma eftersom

When The Bubble Burst Essay

1539 words - 6 pages By the time I arrived state side from my second tour in the Middle East the housing bubble had already burst. I noticed a drastic change in the way that many of my friends and family were living. Several of my friends that worked in real estate had sold their boats and seconds houses. My own stock portfolio had lost a third of its value. My sister and her husband had defaulted on their home mortgage leaving them scrambling for a place to live. I

Phase Diagram Essay

4456 words - 18 pages the degree of the freedom of the system in this case is F = 1 + C - P = 3 - P. Therefore, there is a maximum of 3 phases present in the binary system. At the eutectic point, all 3 distinct phases are in equilibrium consequently the degree of the freedom of the system is now F = 3-3 = 0. In sum, the eutectic point is fixed. Works Cited Introduction: Chemical equilibrium is a crucial topic in Chemistry. To represent and model equilibrium

Revolutionary Work Of Art Essay

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art