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Its benefits have been proven. Insite possesses elements where the SCC uses positive reasoning to challenge the government and caution the government that whenever a policy is translated into law or state action, it becomes subject to Charter scrutiny. Further, no obligation is placed on other provinces to open safe-injection sites, providing drug users in Vancouver access to a service that no other drug users in Canada have access to.
The second way which claimants have brought Charter challenges involving health rights, has been under section It is free to target the social programs it wishes to fund as a matter of public policy. The decisions of Eldridge and Auton together, narrows and defines the type of cases could succeed under a section 15 Charter challenge. Many saw Eldridge as an avenue for future claims for the expansion of health care services.
A number of South African cases engaging section 27 of the Bill of Rights highlight the active role that the Constitutional Court takes in advocating for positive rights, even if the outcome is not favourable for the claimant, which was the case in the Soobramoney decision. Soobramoney was a terminally-ill diabetic man in the final stages of chronic renal failure, who was denied dialysis due to limited hospital resources and policy. While the outcome of the case was not favourable for Mr.
Soobramoney, this case was important for many reasons. First, the court affirmed their role in positively enforcing SER if they determine they have been infringed upon. Finally, the court vocalized concern for what the implication of their decision would be for society at large, not just the individual claimant,  demonstrating the courts willingness to address societal issues. Overall, the reasoning used by the court in Soobramoney , was framed in a positive manner that reaffirmed the courts role in adjudicating SER.
The government was required to: remove the prohibitions on the distribution of Nevirapine without delay; facilitate access to Nevirapine at every hospital and clinic where medical professionals request it; provide training for counsellors at public health facilities to use Nevirapine; and extend testing and counselling facilities related to mother-to-child transmissions throughout the public health sector.
Two further cases exemplify the willingness of the South African courts to issue positive obligations on the state. While the Canadian Charter and South African Bill of Rights are often compared to one another, both Constitutional documents were drafted in different contexts, with different intentions of the Constitutional framers, and expected to serve different functions.
This is especially relevant when it comes to how the Canadian and South African courts assess SER cases and issue remedies.