Research from Nelson Mandela University Yields New Study Findings on Legal Issues (The Constitutionality of the National Health Insurance Bill: The Treatment of Asylum Seekers): Legal Issues

2022 APR 19 (NewsRx) -- By a News Reporter-Staff News Editor at Health Policy and Law Daily -- Research findings on legal issues are discussed in a new report. According to news reporting originating from Nelson Mandela University by NewsRx correspondents, research stated, “As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions.”

Our news editors obtained a quote from the research from Nelson Mandela University: “The Draft National Health Insurance Bill, 2019 (the Bill) is no exception. Clause 4 of the Bill states that South African citizens, permanent residents and refugees will have access to quality health care services whilst asylum seekers and undocumented migrants will have access to emergency medical services, as well as services for notifiable conditions of public health concern. The treatment of asylum seekers is concerning given the fact that asylum seekers are a vulnerable group which enjoys special status under international law. This article seeks to assess the constitutionality of clause 4 of the Bill in so far as it limits the access to health care services for asylum seekers. The objective is to ascertain the extent to which the differential treatment of asylum seekers is permissible.”

According to the news editors, the research concluded: “Clause 4 of the Bill will be benchmarked against sections 9 and 27 of the Constitution and international law.”

For more information on this research see: The Constitutionality of the National Health Insurance Bill: The Treatment of Asylum Seekers. Potchefstroom Electronic Law Journal, 2022,25. (Potchefstroom Electronic Law Journal - https://journals.assaf.org.za/per/). The publisher for Potchefstroom Electronic Law Journal is North-West University.

A free version of this journal article is available at https://doi.org/10.17159/1727-3781/2022/v25ia12221.

Our news journalists report that additional information may be obtained by contacting Priscilla Moyo, Nelson Mandela University.

(Our reports deliver fact-based news of research and discoveries from around the world.)