The South African Human Rights Commission (SAHRC) has reaffirmed that every person in South Africa—whether a citizen, migrant, refugee, or undocumented individual—has a constitutional right to healthcare and must never be denied medical attention.
In a firm statement released on Wednesday, 2 July 2025, the SAHRC invoked Section 27(1) of the Constitution, which guarantees the right to access healthcare services, including reproductive healthcare, for everyone within the country’s borders.
“Access to healthcare is not limited by immigration status or nationality,” the Commission stated. “These rights apply to all individuals residing in South Africa, without exception.”
The Commission emphasized that the following groups are protected under this constitutional right:
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South African citizens
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Asylum seekers and refugees
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Documented and undocumented migrants
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Stateless individuals
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Children—including unaccompanied minors
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People in custody
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Vulnerable populations such as persons with disabilities, the elderly, and those living in poverty
Additionally, Section 27(3) guarantees that no one may be denied emergency medical treatment, a clause the SAHRC says applies unconditionally to all.
The Commission voiced alarm over recent incidents where some public health facilities reportedly turned away patients based on their nationality or immigration status.
“Such actions are both unlawful and morally unacceptable,” the SAHRC said. “They violate South Africa’s constitutional values and international human rights obligations.”
The Commission also condemned acts by civic groups or individuals who attempt to block foreign nationals from entering clinics or hospitals. It made clear that only the Department of Home Affairs and the South African Police Service (SAPS) have legal authority to enforce immigration laws.
“Ordinary citizens do not have the legal mandate to monitor or restrict access to healthcare facilities,” the Commission warned.
While the SAHRC acknowledged serious strains on South Africa’s public healthcare system—such as overcrowding, staff shortages, and limited resources—it emphasized that these challenges do not justify discrimination.
“These problems must be addressed through systemic reform, not through the exclusion of vulnerable individuals,” the statement said.
The Commission pledged to continue working with health departments, provincial leaders, and facility managers to resolve operational issues while ensuring that the principles of dignity, equality, and the right to life remain protected.
The SAHRC called on members of the public to report any attempts to block access to health services, rather than taking the law into their own hands.
“Blocking clinic entrances or harassing patients under the pretext of healthcare shortages is a human rights violation,” the Commission warned.
It encouraged individuals to channel their frustrations about access issues through appropriate government departments or by lodging complaints directly with the SAHRC.
In closing, the Commission restated its mission to promote awareness, monitor compliance, and defend the healthcare rights of all persons living in South Africa—regardless of who they are or where they come from.
“Healthcare access is a cornerstone of human dignity. No one should ever be denied this right based on their immigration status,” the SAHRC concluded.
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