In a landmark decision the Gauteng High Court recently confirmed the rights of all pregnant and lactating women and children under six to access services for free at all levels of care. This sets a good precedent for migrant health rights. We explain the build-up to the court proceedings and why this is significant for reaffirming the right to access to healthcare for all in terms of section27 of the Constitution.

On 14 April 2023, the High Court in Gauteng confirmed the rights of all pregnant and lactating women and children under the age of six to access services for free at all levels of care, including hospitals. This landmark order comes 11 months after SECTION27 and three affected people launched court proceedings against the Gauteng health department, the National Health Department and Charlotte Maxeke Johannesburg Academic Hospital for excluding asylum seekers, undocumented persons and people affected by statelessness from receiving free healthcare.

The application sought to confirm the progressive, long-standing national legislative position that all pregnant and lactating women and children under six, irrespective of nationality and documentation status, have the right to access free health services at all public establishments in the country. This is also international best practice because both groups are universally recognised as particularly vulnerable and in need of specialised care before, during and after birth as an effective mechanism to reduce maternal and child mortality and morbidity - an area in which South Africa has made great strides but still has a way to go together with the rest of the continent, according to the World Health Organization at the end...