Anti-discrimination Legislation: Access to Health Care Services.

The achievement of equality and non discrimination is one of the founding values of the South African Constitution1. Section 9 of the Constitution entrenches the right to substantive equality and guarantees to every individual the full and equal enjoyment of all rights and freedoms. Section 9(2) of the Constitution allows for legislative and other measures to promote the achievement of equality for individuals or groups who have been disadvantaged by unfair discrimination. Sections 9(3) and 9(4) further prohibit direct or indirect discrimination (policies or laws which, though neutral in their formulation, have a discriminatory impact on certain individuals or groups of individuals) on a host of grounds. This article discusses the grounds on which discrimination is expressly prohibited in terms of Section 9(3) includes race, gender. However, the author notes that this list of groungs is by no means exhaustive and there is nothing to preclude discrimination on any additional ground that is not included within the ambit of Section 9(3).

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