This archive report was first published on 25 May 2020.
Published on May 25, 2020, a time when the world was grappling with the COVID-19 pandemic, a writer highlighted the importance of upholding the constitutional rights of COVID-19 patients.
The writer emphasized that the State and private institutions have an obligation to uphold these rights, which are enshrined in the Bill of Rights.
One of the key rights that COVID-19 patients have is the right to health, as guaranteed by Article 43 (1) (a) of the Constitution. This right ensures that all persons have access to the highest attainable standard of health and services.
Moreover, the Health Act provides that every person has the right to receive emergency medical attention, regardless of their ability to pay. This means that health facilities have an obligation to provide care to those who need it, even if they cannot afford it.
However, when it comes to treatment for COVID-19, the law allows for medical procedures to be performed without consent in certain circumstances, such as when there is a need to preserve public health or when there is a court order.
COVID-19 patients also have a right to privacy, which is protected by Article 31 of the Constitution. This means that their personal data, including their test results, cannot be released to third parties without their consent.
Furthermore, the Data Protection Act provides additional protection for the personal data of COVID-19 patients, ensuring that it can only be used in accordance with the law.
In a landmark case, JAO versus Homepark Caterers and two others, a HIV-positive plaintiff successfully sued her employer, staff doctor, and clinic for breach of privacy after they took a HIV test without her consent and released the results to her employer.
Finally, COVID-19 patients have a right to be protected from discrimination and stigmatization based on their status, as enshrined in Article 27 of the Constitution. They also have a right to receive information about their treatment, which hospitals are obligated to provide upon request.
