Rape survivors and the right to emergency medical treatment to prevent HIV infection.

Abstract

The South African Constitution provides that No one may be refused emergency medical treatment. The question arises whether rape survivors qualify for emergency medical treatment in terms of the Constitution and if so who is responsible for providing such treatment. The decision by the South African Cabinet to implement antiretroviral treatment for rape survivors seems to indicate that the government recognises that this duty lies with the state. We therefore examine the meaning of emergency medical treatment; the duties of police officers medical practitioners state health institutions and private health institutions; and the role of non-governmental organisations with regard to rape survivors. (authors)