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Die rol wat die reg op toegang tot gesondheidsorgdienste speel in armoedevermindering in Suid–Afrika / Z. Strauss (Kruger)Strauss, Zannelize January 2010 (has links)
Section 27(1)(a) of the Constitution of the Republic of South Africa, 1996, entrenches everyone's right of access to health care services. The purpose of this dissertation is to determine the manner in which this right must be interpreted and implemented in order to alleviate poverty to the optimal extent possible, in South Africa. As a point of departure, the relationship between poverty and health, as well as the theoretical basis of poverty, is addressed in terms of soft law. Thereafter, the theoretical basis of the right of access to health care service is analysed and explained from both an international and a South African perspective. This is followed by an investigation into international law. The manner in which the United Nations International Covenant on Economic, Social and Cultural Rights is interpreted and implemented and whether or not this contributes to poverty alleviation, is investigated. This is followed by an analysis of the right in terms of the Constitution and case law. Particular attention is paid to the manner in which the courts interpret the right of access to health care services. It is then determined whether the state is implementing the right in such a manner as to contribute to the optimal alleviation of poverty, in South Africa. Finally, a conclusion is reached and recommendations are made as to ways in which the right can be interpreted and implemented to reduce poverty to the optimal extent possible, in South Africa. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2010.
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Die rol wat die reg op toegang tot gesondheidsorgdienste speel in armoedevermindering in Suid–Afrika / Z. Strauss (Kruger)Strauss, Zannelize January 2010 (has links)
Section 27(1)(a) of the Constitution of the Republic of South Africa, 1996, entrenches everyone's right of access to health care services. The purpose of this dissertation is to determine the manner in which this right must be interpreted and implemented in order to alleviate poverty to the optimal extent possible, in South Africa. As a point of departure, the relationship between poverty and health, as well as the theoretical basis of poverty, is addressed in terms of soft law. Thereafter, the theoretical basis of the right of access to health care service is analysed and explained from both an international and a South African perspective. This is followed by an investigation into international law. The manner in which the United Nations International Covenant on Economic, Social and Cultural Rights is interpreted and implemented and whether or not this contributes to poverty alleviation, is investigated. This is followed by an analysis of the right in terms of the Constitution and case law. Particular attention is paid to the manner in which the courts interpret the right of access to health care services. It is then determined whether the state is implementing the right in such a manner as to contribute to the optimal alleviation of poverty, in South Africa. Finally, a conclusion is reached and recommendations are made as to ways in which the right can be interpreted and implemented to reduce poverty to the optimal extent possible, in South Africa. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2010.
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A selection of legal issues relating to persons living with albinismMswela, Mphoeng Maureen 10 1900 (has links)
Despite the fact that albinism affects several South Africans, it is a condition that
remains deeply misunderstood. Albinism is steeped in myth and false notions, and is
perceived by many as a curse and contamination. For years, persons living with
albinism have been treated with doubt and suspicion. Also in schools and in the
wider community, children with albinism are subjected to violence and ridicule. In
certain areas on the African continent, including Southern Africa, persons living with
albinism are killed for the trade in body parts for use as sacramental medicines, or
sexually assaulted as a result of the belief that raping them may offer a cure for
HIV/AIDS. All of this highlights the extreme vulnerability of persons living with
albinism, not to mention the many violations of their fundamental rights that follow
from the manner in which they are treated. Within the social context that frames the
experience of persons living with albinism, the primary purpose of this study is to
highlight some of the pertinent challenges faced by persons living with albinism in
South Africa which compromise the full enjoyment of their fundamental rights as
enshrined in the South African Constitution. The thesis makes a number of practical
recommendations that will assist in promoting the legal position of this vulnerable
group, while also contributing to a better understanding of albinism in general which
will ultimately change negative perceptions and debunk the myths surrounding the
condition. / Jurisprudence / LL. D.
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