This paper critically examines the tension between constitutional protection and the practical exclusion of migrants from healthcare services in South Africa. Section 27 of the Constitution guarantees the right of access to healthcare services to “everyone,” yet migrants, particularly refugees, asylum seekers, and undocumented migrants, continue to face significant barriers in accessing public healthcare. The study evaluates whether South Africa adequately fulfils its constitutional and international human rights obligations toward migrants in the healthcare sector. Objectives include analysing the constitutional and legislative framework governing the right to healthcare, examining migrants’ healthcare entitlements under domestic and international law, investigating practical barriers limiting access, and proposing reforms to strengthen inclusive healthcare access. Existing scholarship reveals a persistent gap between constitutional guarantees and lived experiences, largely driven by xenophobia, discriminatory administrative practices, documentation requirements, and systemic inequalities (Crush & Tawodzera, 2014). Methodologically, the research adopts a qualitative doctrinal approach, relying on constitutional provisions, legislation, judicial decisions, policy documents, and international human rights instruments. Findings reveal that although South Africa’s constitutional framework formally protects the right to healthcare for everyone, migrants continue to experience widespread exclusion in practice. Restrictive administrative procedures, fear of deportation, inconsistent policy implementation, and xenophobic attitudes among healthcare personnel significantly hinder access. These barriers undermine constitutional values of dignity, equality, and social justice. The paper concludes that meaningful legal and policy reform, improved accountability, and greater institutional commitment are necessary to ensure migrants fully benefit from the constitutional right to healthcare.
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