Alem Bazabe Ereselo was deemed ineligible for a kidney transplant because of her refugee status
The Johannesburg high court upheld a decision by Helen Joseph Hospital to discontinue life-saving dialysis treatment for the woman.Lawyers are preparing to appeal an October 11 Johannesburg high court judgment which upheld a decision by Helen Joseph Hospital to discontinue life-saving dialysis treatment for an asylum seeker.
In January 2019, Ereselo was admitted to Johannesburg's Helen Joseph Hospital, presenting symptoms of kidney failure. Doctors performed tests to determine the possibility of her recovery. An agreement was signed for her to receive temporary dialysis treatment while medical investigations were concluded and assessment of her eligibility for a kidney replacement programme were conducted.
The hospital relied on department of health policy and Section 61 of the National Health Act, which restricts transplant services to South African citizens, permanent residents and recognised refugees.Ereselo argued that the restrictive policy and legislation violated her rights to dignity, equality and health care.The high court agreed with the hospital, dismissing Ereselo’s claim. The court based its decision on the 1997 Constitutional Court judgment of.
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