Chronic illness poses a dilemma for any country that faces developmental challenges and yet has only limited resources. Should the state expend public resources on treatment that is expensive and benefits relatively few people or should priority be given to satisfying the basic needs of a greater number of others? This paper argues that one set of interests should not be prioritised to the absolute detriment of others. Rather, the state should recognise the existence of a spectrum of needs and attempt to balance these against one another as part of its efforts to progressively realise constitutional socio-economic rights. The chapter argues further that the socio-economic rights judgments of the South African Constitutional Court can be constructively interpreted so as to provide for this approach.
|Title of host publication||Constitutional Democracy in South Africa: 1994-2004|
|Editors||Max Du Plessis, Stephen Pete|
|Place of Publication||Durban|
|Number of pages||11|
|Publication status||Published - 2004|