Section 27: Healthcare, Food, Water & Social Security
Section 27 protects the right to healthcare, food, water, and social security. Learn the TAC reasonableness test for socio-economic rights.
Section 27: Healthcare, Food, Water & Social Security
The Rights
"(1) Everyone has the right to have access to— (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights."
Special Protection for Children
Section 28(1)(c): Every child has the right to basic nutrition, shelter, healthcare, and social services.
Key Cases
- Minister of Health v Treatment Action Campaign (2002) — Access to antiretroviral drugs
- Soobramoney v Minister of Health (1998) — Dialysis and resource constraints
- Mazibuko v Johannesburg (2010) — Minimum water supply
Exam Tips
Progressive Realization — Not immediate, but state must take reasonable steps
Available Resources — Limited by budget constraints
Children's Rights — Stronger (immediate, not progressive)
Reasonableness Test (from TAC):
- Rational connection between measures and rights
- Balanced approach
- Provision for crisis situations
Tags: #section27 #healthcare #water #socialsecurity #TAC #billofrights
Enjoyed this piece?
Subscribe to get more case analyses and study tips like this — delivered occasionally, never spam.