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An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?

Thousands of people around the world seek active euthanasia as a medical means to the alleviation of their incurable pain. This highly contentious medical procedure is not available to South Africans. This thesis explores the High Court Judgment of Stransham-Ford v Minister of Justice, the first cas...

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Main Author: Mlotshwa, Vanessa
Other Authors: Kohn, Lauren
Format: Thesis
Language:English
Published: Department of Public Law 2024
Subjects:
Law
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access_status_str Open Access
author Mlotshwa, Vanessa
author2 Kohn, Lauren
author_browse Kohn, Lauren
Mlotshwa, Vanessa
author_facet Kohn, Lauren
Mlotshwa, Vanessa
author_sort Mlotshwa, Vanessa
collection Thesis
description Thousands of people around the world seek active euthanasia as a medical means to the alleviation of their incurable pain. This highly contentious medical procedure is not available to South Africans. This thesis explores the High Court Judgment of Stransham-Ford v Minister of Justice, the first case legalising both passive and active euthanasia in South Africa; and the subsequent overturning of that judgment by the Supreme Court of Appeal. This thesis assesses applicable case law and engages the relevant secondary sources of literature to determine if there is a pathway for the legalisation of active euthanasia in South Africa. Furthermore, this thesis conducts a section 36 general limitations examination of the key constitutional rights that govern this matter, including section 11 (right to life), section 10 (right to dignity) and section 12(2) (right to informed consent). Thereafter this thesis reviews the foreign law of jurisdictions where euthanasia has been legalised. This includes an evaluation of Canadian case law which utilised the Canadian Charter of Rights and Freedoms to legalise euthanasia. This Charter was one of the inspirations for the South African Constitution. Finally, the thesis makes provision for medical professionals to object to performing euthanasia based on conscience or religion.
format Thesis
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:51:49.645Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher Department of Public Law
publisherStr Department of Public Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/39680 An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life? Mlotshwa, Vanessa Kohn, Lauren Law Thousands of people around the world seek active euthanasia as a medical means to the alleviation of their incurable pain. This highly contentious medical procedure is not available to South Africans. This thesis explores the High Court Judgment of Stransham-Ford v Minister of Justice, the first case legalising both passive and active euthanasia in South Africa; and the subsequent overturning of that judgment by the Supreme Court of Appeal. This thesis assesses applicable case law and engages the relevant secondary sources of literature to determine if there is a pathway for the legalisation of active euthanasia in South Africa. Furthermore, this thesis conducts a section 36 general limitations examination of the key constitutional rights that govern this matter, including section 11 (right to life), section 10 (right to dignity) and section 12(2) (right to informed consent). Thereafter this thesis reviews the foreign law of jurisdictions where euthanasia has been legalised. This includes an evaluation of Canadian case law which utilised the Canadian Charter of Rights and Freedoms to legalise euthanasia. This Charter was one of the inspirations for the South African Constitution. Finally, the thesis makes provision for medical professionals to object to performing euthanasia based on conscience or religion. 2024-05-21T13:06:25Z 2024-05-21T13:06:25Z 2023 2024-05-21T12:32:44Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/39680 eng application/pdf Department of Public Law Faculty of Law
spellingShingle Law
Mlotshwa, Vanessa
An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
thesis_degree_str Master's
title An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
title_full An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
title_fullStr An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
title_full_unstemmed An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
title_short An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
title_sort analysis of section 11 of the constitution and stransham ford v minister of justice are people permitted to waive the right to life
topic Law
url http://hdl.handle.net/11427/39680
work_keys_str_mv AT mlotshwavanessa ananalysisofsection11oftheconstitutionandstranshamfordvministerofjusticearepeoplepermittedtowaivetherighttolife
AT mlotshwavanessa analysisofsection11oftheconstitutionandstranshamfordvministerofjusticearepeoplepermittedtowaivetherighttolife

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