Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002
Dissertation (LLM)--University of Pretoria, 2015.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2015
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613522141118464 |
|---|---|
| access_status_str | Open Access |
| author2 | Carstens, Pieter Albert, 1960- |
| author_browse | Carstens, Pieter Albert, 1960- |
| author_facet | Carstens, Pieter Albert, 1960- |
| collection | Thesis |
| dc_rights_str_mv | © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/50839 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:28.861Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/50839 An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 Carstens, Pieter Albert, 1960- LIEZL.ZWART@GMAIL.COM Zwart, Liezl UCTD Mental Health Care Act 17 of 2002 Law theses SDG-03 Law theses SDG-16 SDG-03: Good health and well-being SDG-16: Peace, justice and strong institutions Dissertation (LLM)--University of Pretoria, 2015. This study aims to establish a coherent framework for informed consent by mentally ill persons in South Africa, with specific focus on the role and impact of the Mental Health Care Act 17 of 2002. The analysis is done from a constitutional-, legislative-, common law- and ethics perspective. Selected clinical aspects pertaining to informed consent by mentally ill persons are explored with reference to the different categories of mental health care users provided for in terms of the Mental Health Care Act. It is found that although the Mental Health Care Act has made considerable progress in terms of promoting the basic human- and health rights of the mentally ill, discrepancies and deficiencies are still present in the Act which may result in unnecessary confusion and prejudice to the rights of mental health care users, hence undermining the objectives of the Act itself. An attempt is made to address the current shortcomings and discrepancies within the mental health care system by means of suggested amendments to the Mental Health Care Act. tm2015 Public Law LLM Unrestricted 2015-11-25T09:53:51Z 2015-11-25T09:53:51Z 2015/09/01 2015 Dissertation Zwart, L 2015, An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/50839> S2015 http://hdl.handle.net/2263/50839 en © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Mental Health Care Act 17 of 2002 Law theses SDG-03 Law theses SDG-16 SDG-03: Good health and well-being SDG-16: Peace, justice and strong institutions An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title | An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title_full | An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title_fullStr | An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title_full_unstemmed | An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title_short | An analysis of informed consent and clinical aspects regarding mental capacity in context of the Mental Health Care Act 17 of 2002 |
| title_sort | analysis of informed consent and clinical aspects regarding mental capacity in context of the mental health care act 17 of 2002 |
| topic | UCTD Mental Health Care Act 17 of 2002 Law theses SDG-03 Law theses SDG-16 SDG-03: Good health and well-being SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/50839 |