The Impact of the Bill of Rights on Medical Practice in South Africa

Question 1

Mention the Act that has a specific impact on medical practice in South Africa

Answer 1

Act 108 of 1996

Question 2

Name the Rights applicable in Medical Practice

Answer 2

10. Human Dignity
11. Life
12. Freedom and Security of the Person
13. Privacy
14. Environment
15. Health Care, Food, Water and Social Security
16. Children
17. Access to Information
18. Arrested, Detained and Accused Persons
19. Limitation of Rights

Question 3

10. Human Dignity

Answer 3

Everyone has inherent dignity and the right to have their dignity respected and
protected.

Question 4

11. Life

Answer 4

Everyone has a right to life.

Question 5

12. Freedom and Security of the Person

Answer 5

(1) Everyone has the right to freedom and security of the person, which includes the right:
(a) ………….
(e) Not to be treated …………in a cruel, inhuman or degrading way.

(2) Everyone has the right to bodily and psychological integrity, which includes the right:
a) To make decisions concerning reproduction;
b) To security in and control over their body; and
c) Not to be subjected to medical or scientific experiments without their informed consent.

Question 6

14. Privacy

Answer 6

Everyone has the right to privacy, which includes the right not to have:
a) Their person or home searched; …

d) The privacy of their communications infringed.

Question 7

24. Environment

Answer 7

Everyone has the right:

a) To an environment that is not harmful to their health or wellbeing; ….

Question 8

27. Health Care, Food, Water and Social Security

Answer 8

(1) Everyone has the right to have access to –
(a) Health care services, including reproductive health care ….

(2) The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of …. these
rights.

(3) No one may be refused emergency medical treatment.

Question 9

28. Children

Answer 9

(1) Every child has the right:
c) To basic nutrition, shelter, basic health care services and social services;
d) To be protected from maltreatment, neglect, abuse or degradation ….
f) Not to be required or permitted to perform work or provide services that:
(i) Are inappropriate for a person of that child’s age;
(ii) Place at risk the child’s well-being, educational physical or mental health, or spiritual, moral or social development.
(2) A child’s best interests are of paramount importance in every matter concerning the child.
(3) In this section “child” means a person under the age of 18 years.

Question 10

32. Access to Information

Answer 10

(1) Everyone has the right of access to:

b) Any information that is held by another person and that is required for the exercise or protection of any rights.

Question 11

35. Arrested, Detained and Accused Persons

Answer 11

(1) …..
(2) Everyone who is detained, including every sentenced prisoner, has the right -

e) to conditions of detention that are consistent with human dignity, including at least exercise and provision, at state expense, of adequate
accommodation, nutrition, reading material and medical treatment; and

f) to communicate with, and be visited by, that person’s–
i) ……..
iv) chosen medical practitioner.

Question 12

36. Limitation of Rights

Answer 12

(1) The rights in the Bill of Rights may be limited …. to the extent that the limitation is reasonable and justifiable in an open and democratic society
based on human dignity, equality and freedom, taking into account all the relevant factors ….