Exam (elaborations)
LCR4802 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
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LCR4802 EXAMPACK 2023
,Question 1 of 30
0.0/ 3.0 Points
In Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC), the Constitutional
Court intimated that the appellant’s application to receive dialysis at a state hospital had to be
considered in terms of the provisions of the Constitution dealing with the right to—
A.
emergency medical treatment.
B.
have access to health services.
C.
have access to health services and the state’s duty to take reasonable legislative and
other measures, within its available resources, to achieve progressive realisation of
this right.
D.
emergency medical treatment and the state’s duty to take reasonable legislative and
other measures, within its available resources, to achieve progressive realisation of
this right.
Feedback:
The court found that Mr Soobramoney’s condition did not constitute an emergency for
purposes of section 27(3). See 1.6 of the study guide.
Question 2 of 30
0.0/ 3.0 Points
Section 12 of the Constitution of the Republic of South Africa, 1996 ensconces the right to
freedom and security of the person. In terms of subsection (2), everyone has the right to bodily
and psychological integrity, which includes the right—
,
A. to reproductive health care.
Feedback: The right to have access to reproductive health care is not contained in
section 12, but in section 27. In terms of section 27(1)(a) everyone has the right to
have access to health care services, including reproductive health care. See the study
guide 1.4 and 1.6. Do not confuse this right with the right to make decisions
concerning reproduction which IS contained in section 12(2)(a). The latter right is an
aspect of the right to freedom and security of the person (or the right to bodily and
psychological integrity).
B. not to be subjected to medical or scientific experiments.
C. not to be subjected to medical treatment without their informed consent.
D. to security in and control over their body.
Question 3 of 30
3.0/ 3.0 Points
Section 11 of the Constitution provides that everyone has the right to life. In Christian Lawyers
Association of SA v Minister of Health 1998 (4) SA 113 (T) the court ruled that the Choice on
Termination of Pregnancy Act 92 of 1996 was NOT in conflict with section 11, because—
A.
the foetus is merely a part of the woman’s body and has no status of its own.
B.
the word “everyone” in section 11 does not include a foetus.
Feedback:
, The Court merely interpreted the word “everyone” in section 11 and came to the
conclusion that it does not include a foetus. See the study guide 1.3.
C.
infringement of the foetus’ right to life is justified under section 36 of the Constitution.
D.
section 12(2)(a) provides that everyone has the right to make decisions regarding
reproduction.
Question 4 of 30
0.0/ 3.0 Points
Section 35 of the Constitution of the Republic of South Africa, 1996 deals with the rights of
arrested, detained and accused persons. It provides inter alia that everyone who is detained has
the right to conditions of detention that are consistent with human dignity, including—
A.
the right to the best possible medical treatment at state expense.
Feedback:
Adequate medical treatment , and not the best medical treatment, is guaranteed in
terms of section 35. See the study guide 1.10.
B.
the right to communicate with and be visited by a medical practitioner chosen by the
head of the institution where the person is being detained.
C.
the right to communicate with and be visited by that person’s chosen medical
practitioner.
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