Browsing by Author "Du Toit, Michelle"

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    An evaluation of the National Health Insurance scheme in the light of South Africa’s constitutional and international law obligations imposed by the right to health
    (Stellenbosch : Stellenbosch University, 2017-12) Du Toit, Michelle; Liebenberg, Sandra; Stellenbosch University. Faculty of Law. Department of Public Law.
    ENGLISH ABSTRACT : This study ultimately concerns the right to health care under constitutional law and international law and the National Health Insurance scheme proposed for South Africa. The study begins by contextualising the need for health care system reform. It does so through exposing the historical context of the right to health care in South Africa and how the current context has inherited the inequalities created and manifested by colonialism and apartheid. This is done to motivate the need for reform. The study examines the constitutional and international law obligations imposed by the right to health. The normative content of the right to health, and the obligations under constitutional and international law, are informed by jurisprudence of the Constitutional Court and General Comments of the United Nations Committee on Economic, Social and Cultural Rights, respectively. The obligations imposed by children’s right to basic health care is also examined, as well as the obligations imposed on private entities and in the context of business activities. These obligations provide a framework by which the National Health Insurance scheme can be evaluated to determine compatibility with the right to health and the obligations it imposes. The National Health Insurance scheme is analysed as a policy. The National Health Insurance scheme is a financing scheme for universal health coverage. It is thus analysed in the framework of financing models for universal health coverage. The analysis further considers issues raised on the National Health Insurance scheme which include implementation costs, quality of health care in the public sector, participation in policy development and the impact which it may have on private rights and interests. The National Health Insurance scheme is then evaluated for compliance with the constitutional and international law obligations imposed by the right to health. This includes the obligations to respect, protect, promote and fulfil, the obligation to take legislative and other measures, the obligation to progressively realise the right, and to do so within available resources. Fundamental is the obligation that measures taken must be reasonable. Therefore, the reasonableness of the National Health Insurance scheme is evaluated per the framework established. This study argues that reform is necessary and that the National Health Insurance scheme is a viable means by which to address issues on unequal access to and quality of health care. It argues that the National Health Insurance scheme complies with the obligations imposed by constitutional and international law and addresses ways in which such compliance can be strengthened.