LCR4802 EXAM PACK.

LCR4802 EXAM PACK. VERIFIED Q AND A SUCCESS! Question 1 of 30 0.0/ 3.0 Points In Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC), the Constitutional Court intimated that the appellant’s application to receive dialysis at a state hospital had to be considered in terms of the provisions of the Constitution dealing with the right to—  A. emergency medical treatment.  B. have access to health services.  C. have access to health services and the state’s duty to take reasonable legislative and other measures, within its available resources, to achieve progressive realisation of this right.  D. emergency medical treatment and the state’s duty to take reasonable legislative and other measures, within its available resources, to achieve progressive realisation of this right. Feedback: The court found that Mr Soobramoney’s condition did not constitute an emergency for purposes of section 27(3). See 1.6 of the study guide. Question 2 of 30 0.0/ 3.0 Points Section 12 of the Constitution of the Republic of South Africa, 1996 ensconces the right to freedom and security of the person. In terms of subsection (2), everyone has the right to bodily and psychological integrity, which includes the right—  A. to reproductive health care. Feedback: The right to have access to reproductive health care is not contained in section 12, but in section 27. In terms of section 27(1)(a) everyone has the right to have access to health care services, including reproductive health care. See the study guide 1.4 and 1.6. Do not confuse this right with the right to make decisions concerning reproduction which IS contained in section 12(2)(a). The latter right is an aspect of the right to freedom and security of the person (or the right to bodily and psychological integrity).  B. not to be subjected to medical or scientific experiments.  C. not to be subjected to medical treatment without their informed consent.  D. to security in and control over their body. Question 3 of 30 3.0/ 3.0 Points Section 11 of the Constitution provides that everyone has the right to life. In Christian Lawyers Association of SA v Minister of Health 1998 (4) SA 113 (T) the court ruled that the Choice on Termination of Pregnancy Act 92 of 1996 was NOT in conflict with section 11, because—  A. the foetus is merely a part of the woman’s body and has no status of its own.  B. the word “everyone” in section 11 does not include a foetus. Feedback: The Court merely interpreted the word “everyone” in section 11 and came to the conclusion that it does not include a foetus. See the study guide 1.3.  C. infringement of the foetus’ right to life is justified under section 36 of the Constitution.  D. section 12(2)(a) provides that everyone has the right to make decisions regarding reproduction. Question 4 of 30 0.0/ 3.0 Points Section 35 of the Constitution of the Republic of South Africa, 1996 deals with the rights of arrested, detained and accused persons. It provides inter alia that everyone who is detained has the right to conditions of detention that are consistent with human dignity, including—  A. the right to the best possible medical treatment at state expense. Feedback: Adequate medical treatment , and not the best medical treatment, is guaranteed in terms of section 35. See the study guide 1.10.  B. the right to communicate with and be visited by a medical practitioner chosen by the head of the institution where the person is being detained.  C. the right to communicate with and be visited by that person’s chosen medical practitioner