SECTION27 is a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights. Our name is drawn from the section in the South African Constitution which enshrines everyone's right to health care, food, water and social security.
The AIDS Law Project (“ALP”) welcomes the objectives underpinning Sections 27, 70 and 71 (“the Sections”) of the proposed Draft Revenue Laws Amendment Bill, 2005 (“the Bill”) to increase access to private health services. In this way, the Bill seeks to achieve its objective through the provision of tax subsidies for medical contributions and expenses to self employed and formally employed persons, including their dependants (beneficiaries). It also aims to remove the distinction between on site and off site medical services, an area of the proposals that we are particularly supportive of.
The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) welcome this opportunity to make written submissions on the Patents Amendment Bill [B 17 – 2005] (“the Bill”). As two organisations that have consistently advocated for the development of our patent system into one that considers South Africa’s competitive advantage and takes into account the specific needs of its people, we support what the Bill aims to achieve and, in general terms, how it goes about accomplishing its stated objective.
Democratising development: the politics of socio-economic rights in South Africa by Peris Jones and Kristian Stokke, Martinus Nijhoff publishers, 2005 Shaping, making and breaking the law in the campaign for a national HIV/AIDS treatment plan
The ALP and Treatment Action Campaign made a submission to the Jali Commission in March 2004 entitled “HIV/AIDS in Prison: Treatment, Intervention, and Reform” [NOTE: LINK TO EARLIER SUBMISSION]. The submission dealt with the origins and causes of HIV infection in prisons, HIV prevalence in prisons, the HIV/AIDS policy of the Department of Correctional Services, including early release, and finally made recommendations, including several on the early release of prisoners with HIV/AIDS.
Section 27(2) of the Constitution imposes on the state a positive obligation to take reasonable measures to realise the right of access to health care services for all. By enacting the Medical Schemes Act, 131 of 1998 (the Act), government has created a powerful framework for the effective regulation of the private medical scheme industry.