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 ALP made a submission to the KZN Health Department regarding draft of the Kwazulu-Natal Health Care Bill, 2007. In our view, the KZN Bill has the potential to complement the broad legislative framework provided by the National Health Act, 2003. In particular, it has the potential to provide much of the needed detail in respect of which the Act expressly authorises the provinces to legislate, thereby enabling provincial and local government authorities to render health care services in accordance with the needs of the people of KZN.
South Africa has a strong legislative framework aimed at preventing HIV-related discrimination in the workplace.
Guidelines developed by the International Labour Organisation (ILO) and the Code of Good Practice on HIV/AIDS which is linked to the Employment Equity Act (EEA) provide useful information on the content of HIV workplace policies.
In South Africa, as in any society, people’s health is a major factor in both personal and social development. But in South Africa, unlike many other societies, people have a constitutional right both to access health services and to be treated in a way that should improve their health. For example, the rights to dignity, authonomy and equality should all inform and have an impact on the right to health. But despite this, South Africa is a very unhealth society and many indicators of health are getting worse. The HIV epidemic, violence against women, and homelessness all have a negative impact on health.
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 AIDS Law Project (ALP) welcomes this opportunity to make written submissionson the Health Professions Amendment Bill [B 10 – 2006] (“the Bill”). As an organisation that has consistently sought to ensure that the Health Professions Council (“the Council”) holds health professionals to account, we welcome the Bill and the many positive contributions we believe it will make in advancing and safeguarding the public interest.