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'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa

This minor dissertation argues that there is more than a disjuncture between theory and practices, particularly for refugees and migrants and doctors in South Africa. The core idea of the Bill of Rights is that socio-economic rights are for everyone. Yet, its application suggests everyone means all...

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Main Author: Alfaro-Velcamp, Theresa
Other Authors: Calland, Richard
Format: Thesis
Language:English
Published: Department of Public Law 2015
Subjects:
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access_status_str Open Access
author Alfaro-Velcamp, Theresa
author2 Calland, Richard
author_browse Alfaro-Velcamp, Theresa
Calland, Richard
author_facet Calland, Richard
Alfaro-Velcamp, Theresa
author_sort Alfaro-Velcamp, Theresa
collection Thesis
description This minor dissertation argues that there is more than a disjuncture between theory and practices, particularly for refugees and migrants and doctors in South Africa. The core idea of the Bill of Rights is that socio-economic rights are for everyone. Yet, its application suggests everyone means all citizens in the post-apartheid period, rather than all residents in South Africa. In the international domain, the human rights discourse calls on states to recognise responsibility extending to all peoples residing in a sovereign nation- state; but progressive realisation can hamper this aspiration. By employing progressive realisation within South African law, the idea that the state pays for what it can and makes future efforts to change, socio-economic rights for everyone currently cannot be achieved. This dissertation examines how Constitutional Court rulings on access to healthcare and relevant statutes have not been uniformly granted to everyone causing a disjuncture between law and practice.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:32:37.404Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2015
publishDateRange 2015
publishDateSort 2015
publisher Department of Public Law
publisherStr Department of Public Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/15159 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa Alfaro-Velcamp, Theresa Calland, Richard Human Rights Law Regugees Health Care This minor dissertation argues that there is more than a disjuncture between theory and practices, particularly for refugees and migrants and doctors in South Africa. The core idea of the Bill of Rights is that socio-economic rights are for everyone. Yet, its application suggests everyone means all citizens in the post-apartheid period, rather than all residents in South Africa. In the international domain, the human rights discourse calls on states to recognise responsibility extending to all peoples residing in a sovereign nation- state; but progressive realisation can hamper this aspiration. By employing progressive realisation within South African law, the idea that the state pays for what it can and makes future efforts to change, socio-economic rights for everyone currently cannot be achieved. This dissertation examines how Constitutional Court rulings on access to healthcare and relevant statutes have not been uniformly granted to everyone causing a disjuncture between law and practice. 2015-11-20T07:42:58Z 2015-11-20T07:42:58Z 2015 Master Thesis Masters MPhil http://hdl.handle.net/11427/15159 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Human Rights Law
Regugees
Health Care
Alfaro-Velcamp, Theresa
'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
thesis_degree_str Master's
title 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
title_full 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
title_fullStr 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
title_full_unstemmed 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
title_short 'Don't send your sick here to be treated, our own people need it more': immigrants' access to health care in South Africa
title_sort don t send your sick here to be treated our own people need it more immigrants access to health care in south africa
topic Human Rights Law
Regugees
Health Care
url http://hdl.handle.net/11427/15159
work_keys_str_mv AT alfarovelcamptheresa dontsendyoursickheretobetreatedourownpeopleneeditmoreimmigrantsaccesstohealthcareinsouthafrica