Chronic Illness and the Right of Access to Health Care Services

Research output: Chapter in Book/Conference paperChapter


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.
Original languageEnglish
Title of host publicationConstitutional Democracy in South Africa: 1994-2004
EditorsMax Du Plessis, Stephen Pete
Place of PublicationDurban
PublisherLexisNexis Butterworths
Number of pages11
ISBN (Print)0409021806
Publication statusPublished - 2004

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