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PUBLICATIONS
Substantive equality and adverse effect discrimination in the context of National Health Insurance in South Africa.
Paul A. Wayburne
The value of substantive equality, and the rights to equality and not to be subjected to unfair discrimination in section 9 of the Constitution have rarely been considered in relation to debates on health care reform. This is so because there is a specific right to have access to health care services in section 27 of the Constitution. This article examines the concept of constitutional equality in the context of the South African government’s National Health Insurance policy (NHI).