In recent years, SECTION27 has witnessed a rise in cases of women and children being denied access to free healthcare services, largely based on their nationality. In one unfortunate case, the refusal to provide emergency healthcare resulted in the death of a young boy.

In an environment fuelled by xenophobic rhetoric and misinformation, this publication aims to provide available facts about who has access to free healthcare in South Africa. It also differentiates between categories of migrant persons and the rights they are entitled to in accessing healthcare services in the country. SECTION27 launched a court application early this year against the Gauteng Department of Health to confirm these rights for women and children.

The publication includes the prevailing conditions of medical xenophobia in Gauteng as a case study to illustrate how new provincial laws and policies are discriminatory in practice and contradict the National Health Act (NHA). According to section 4(3) of the NHA, all pregnant and lactating women and children under six are entitled to free healthcare services – including people seeking asylum, undocumented people and those affected by statelessness. However, hospitals in Gauteng are using these new provincial laws and policies to deny pregnant women and children from accessing healthcare services based on their nationality.

Amongst others, this online resource candidly addresses whether South Africa budgets for migrant persons to access public healthcare and statistically, if they are a burden to the South African health system.

Report by SECTION27