An analysis of South Africa’s efforts to realise the right to health through vaccine access during Covid-19

Abstract

The COVID-19 pandemic critically tested governments worldwide in upholding the right to health, particularly through equitable access to vaccines. In South Africa, where the right to health is constitutionally enshrined, the pandemic exacerbated existing inequalities and placed significant strain on health systems and policy frameworks. The global pandemic emerged in China in December 2019 and reached South Africa in March 2020. South Africa’s response was required to give effect to the International Covenant on Economic, Social and Cultural Rights, specifically Article 12, and particularly Article 12(c), which obligates State Parties to take necessary steps towards the full realisation of the right to health, including the prevention, treatment, and control of epidemic, endemic, occupational, and other diseases. The right to treatment encompasses access to vaccines. However, vaccine access was inequitable both internationally – where high-income countries secured vaccines first – and domestically, where initial distributions favoured urban centres. South Africa had previous experience managing a pandemic, notably HIV/AIDS. Lessons from both the HIV/AIDS and COVID-19 pandemics should inform future efforts to achieve health equity in subsequent health crises. Using a qualitative socio-legal approach, this study examines the legal and policy framework underpinning the right to health, assesses the equity and inclusiveness of vaccine procurement and distribution strategies, and evaluates the effectiveness of government interventions and partnerships, including those with international actors such as COVAX and the private sector. This study critically analyses South Africa’s efforts to realise the right to health through its COVID-19 vaccine response