Right to Health – A Comparative Analysis between South Africa and India

Urooj Fatema
LLM student
West Bengal National University of Juridical Sciences, Kolkata, India.

Volume III, Issue III, 2020

Public Health being an indispensable factor for a proper functioning of a State or an Institution cannot be neglected with its policies being carried out in nonchalant manner. A right pertaining to health encompassing basic living standards is an economic, cultural and and social right that needs due care and attention. Today a large number of people are devoid of any kind of health care facilities having an incidental affect to their mental health and well-being as well. Carrying day to day activities involving personal hygiene and self-care seems to be a far-reaching luxury that many under a disadvantaged position is not being able to afford. Developing countries like India and South Africa has been a victim of constant social revolutions where people have struggled to attain bare necessities and a better quality of life ever since. Therefore it becomes imperative on the part of Social Institutions who are well equipped, to provide necessary measures to uphold an individual’s right of healthy living. Despite the availability of health related policies for the public it is observed that such measures and policies prove to be inadequate when it comes to exercising the fundamental right to health. Simply mentioning these rights in texts does not compensate for a real time systematic implementation and is not enough to achieve the ultimate purpose. Focus needs to be made on proper mechanism and a cohesive approach that helps the legislative authorities to reach out to those in despair which majorly includes women and children.

 Therefore this paper discusses the constitutional provisions pertaining to right to health in India and South Africa at the same time calls for a robust accessible health care systems in areas lacking the same which is now proving to be an achilles heel for developing nations.


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