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健康权是一项基本人权。从世界范围看,对健康权进行救济存在外部救济与内部救济两种模式。南非在健康权的救济方面走在世界前列,它主要采取内部救济的模式,即通过将政府与国家侵犯健康权的行为提请相关的宪法法院或者专门法院,以宪法诉讼方式维护公民的健康权。南非政府在健康权中有直接提供合理医疗、逐步实现和尊重与确保3种类型的义务。在具体救济中,宪法法院遵循功利主义和能动主义两项基本原则。但是,在健康权救济模式的选择、政府在健康权中承担的义务,甚至在救济的原则等方面,目前,南非仍存在不少问题。
The right to health is a basic human right. From a global perspective, there are two modes of external relief and internal relief for the right to health. South Africa is at the forefront of the world in remedying the right to health. It mainly adopts the mode of internal remedies, that is, it refers to the relevant constitutional courts or specialized courts through the government and state violations of the right to health, and maintains the citizen’s right to health through constitutional lawsuits. The South African government has directly provided reasonable medical treatment in the right to health and gradually realized and respected and ensured three types of obligations. In specific remedies, the Constitutional Court follows two basic principles of utilitarianism and activism. However, there are still many problems in South Africa in terms of the choice of mode of relief for the right to health, the government’s obligations under the right to health, and even the principle of relief.