The GATS and South Africa's National Health Act

See The Results of the Uruguay Round: The Legal October 1999, p. 1. The GATS and South Africa’s National Health Act: A Cautionary Tale 13 Exploring the relationship between the GATS law perspective, the commitments are unethical and the National Health Act (NHA) also sheds and illegitimate from the standpoint of human new light on one of the great controversies of rights and democratic self-determ [...] The South African constitution enshrines access to health services as a human right in several ways: South African • section 27(2) of the Constitution requires that governments have a the State must take reasonable legislative and constitutional responsibility other measures within its available resources to achieve the progressive realisation of the to ensure that the entire right of the people o [...] A 1997 white paper on health prepared care services; by the newly-elected African National Congress • section 24(a) of the Constitution provides that government portrayed the serious inequalities everyone has the right to an environment that and inefficiencies of the health care system in- is not harmful to their health or well-being; herited from the apartheid regime: • section 10 of the Constitu [...] At the same time, the decimating the ranks of front-line health care majority of the South African population has workers, and worsening poverty and inequality.2 very limited access to any form of services.”22 At the same time, the shortcomings and inequal- ity in the current system hamper effective treat- Today, apartheid’s noxious racial segrega- ment. [...] It is in- chief legislative response tended, among other matters, “to remedy the in- to the daunting and urgent equities of the past in the distribution of health care and to create a national health system that is health care challenges of the patient centred and for the good of all.” The NHA post-apartheid era has been described as “the overarching piece of legislation that enables the establish