RRLLB81 - LLB Research Report Assignment 2 2021.

RRLLB81 - LLB Research Report Assignment 2 2021. SUMMARY This research aims to show that the fundamental human rights of people to access health care services can never be denied and that healthcare workers are prohibited to engage in strike actions. This research is will be in an essay format where there will be an introduction to the research problem; the historical background; the problem statement; the hypothesis; the comparative analysis; the research methodology used; the body of the research which will discuss in details the contents of the whole research and lastly the author’s recommendations and conclusion. KEY WORDS Strike action; the impact of strike against fundamental human rights; public healthcare workers; essential services and the right to strike. Downloaded by: Sixishe | Distribution of this document is illegal S - The study-notes marketplace LIST OF ABREVIATIONS AND ACRONYMS ACHPR African Charter on Human and People’s Rights CRC Convention on the Rights of the Child ESC Essential Service Commission HCS Healthcare Services ILO International Labour Organisation LRA Labour Relations Act MSLA Minimum Service Level Agreement SA South Africa UDHR Universal Declaration of Human Rights UNO United Nations Organisation Downloaded by: Sixishe | Distribution of this document is illegal S - The study-notes marketplace TABLE OF CONTENTS Declaration………………………………………………………………………………………...…….2 Summary…………………………………………………………………………………………...........3 Key words………………………………………………………………………………………………..3 List of Acronyms…………………………………………………………………………………...……4 1.Introduction……………………………………………………………………………...……….……6 2. Historical background……………………………………………………………………………..7- 8 3. Problem statement……………………………………………………………………………………8 4. Hypothesis………………………………………………………………………………………..8 – 9 5. Comparative analysis: South Africa and Kenya…………………………………………………..9 6. Description of research methodology 7. Body of the research………………………………………………………………………………..10 7.1 The definition of a strike…………………………………………………………………………..10 7.2 The definition of essential services workers………………………………………………10 – 11 7.3 The right to strike by public health care workers, as essential services workers…….…11-12 7.4 The limitation on placed the right to strike by section 36 of the Constitution, 1996………..12 7.5 The limitation to strike by public healthcare workers as so defined in the LRA………12 – 14 7.6 The right to strike by healthcare workers against other fundamental Human rights, in specific, the rights of patients and other healthcare personnel………………………..14-15 8. Conclusion……………………………………………………………………………………...15 - 16 Bibliography………………………………………………………………………………………..17 -18 Marking rubric…………………………………………………………………………………………..19 Downloaded by: Sixishe | Distribution of this document is illegal S - The study-notes marketplace 1. INTRODUCTION This research will discuss strikes in public healthcare an essential service and balancing the right to strike by public health care workers against other fundamental human rights of people living in South Africa. The intention of this research is to provide a detailed historical background on access to healthcare services and the right to strike by public health care workers in South Africa and strongly emphasize the provision of section 27 of the Constitution. It further stresses the importance of upholding the right to access health care service in the democratic South Africa and to show that this right is indispensable. This research will further investigate the field of constitutional right to strike and the limitations placed on the right to strike especially in the public health sector. This research focuses on the provision of section 23 of the Bill of Rights of the 1996 Constitution in conjunction with section 36 and the Labour Relation Act. In addition will look at the cases such as NEHAWU obo Mphale and Others v Department of Health1 and SA Police Service v Police and Prisons Civil Rights Union2 . This research will further investigate the right to have access to health care services in South Africa. The focus of this research is to uphold and enforce the fundamental right to access health care service in South Africa. In addition will look at Soobramoney v Minister of Health, Kwa-Zulu Natal.3 .