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.
A week after Cabinet adopted the Operational Plan for Comprehensive HIV and AIDS Care, Management and Treatment for South Africa (“the Operational Plan”) in November 2003, MM – an inmate at Westville Correctional Centre and the seventh applicant in the case of EN v Government of Republic of South Africa (No 1) – was diagnosed withoesophageal candidiasis, an AIDS-defining illness.
The ALP welcomes the opportunity to make a submission on the Draft Regulations Relating to the Obtainance (sic) of information and Processes of Determination and Publication of Reference Lists (“draft regulations”).
The ALP accepts that there is a need to address inequity in access to private health care services as well as the need to contain and regulate costs in the private sector. For this reason regular and accurate information about health financing, service prices and business practice in the private sector is essential in determining both health policy as well as a fair and reasonable price for services and products. However, if the draft regulations are to give effect to the objective of obtaining such information then we believe that it should be significantly strengthened.
The ALP welcomes the opportunity to make a submission on the draft Medical Schemes Amendment Bill (“the draft Bill”) in so far as it deals with risk equalisation. We do so against the following background:
The call for public submissions makes it plain that Parliament’s review of the Act will focus on the impact of the statute on women and persons with disabilities. Oursubmission deals squarely with two issues: the proposed express inclusion of HIV/AIDS status as a prohibited ground of unfair discrimination; and access to legal services necessary for the proper implementation of the Act.
The AIDS Law Project (“the ALP”) and the Treatment Action Campaign (“the TAC”) welcome the release of the Strategic Framework for the Human Resources for Health Plan (“the Strategic Framework”) for public comment and discussion. We further welcome the express acknowledgement therein by the Department of Health (“the DoH”e need for appropriate human resources for health (HRH) planning and recognise the substantial work that has gone into the development of the Strategic Framework.