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An analysis of assisted dying and the practical implementation thereof in South African criminal law
Dissertation (LLM)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613491475513344 |
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| 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 | © 2018 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65628 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:59.722Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| 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:2263/65628 An analysis of assisted dying and the practical implementation thereof in South African criminal law Carstens, Pieter Albert, 1960- abrievdm1992@gmail.com Van der Merwe, Abrie UCTD Physician-Assisted Suicide Criminal Liability Dignified Death Terminal Illness Dissertation (LLM)--University of Pretoria, 2017. This dissertation will examine the legality of assisted dying procedures performed in the Republic of South Africa. This is due to the rising awareness about terminal patients’ dignity and autonomy at the end of their life. The physician’s liability, who assists such a patient to end their life, will be examined and whether there is any legal recourse available will be explored. Comparisons will also be made between other legal systems, including Canada, the Netherlands, Oregon of the United States of America and England and Wales. These jurisdictions have been chosen to provide a wide variety of perspectives and possible alternatives that South Africa should take into consideration should parliament or the courts decide to argue the matter. Other sources are also considered, such as the influence of the history and development of the common law crime of murder, as well as the role the Health Professions Council of South Africa will play. Possibly most importantly, the material criminal law of South Africa is thoroughly studied with all forms of assisted dying in mind. This is to establish what kind of liability, criminal or otherwise, a physician might incur should they decide to assist a patient in these circumstances. Lastly, recommendations are made based on the research done throughout this dissertation, which would ideally assist in any future arguments made on the topic. Public Law LLM Unrestricted 2018-07-16T07:56:00Z 2018-07-16T07:56:00Z 2018/04/17 2017 Dissertation Van der Merwe, A 2017, An analysis of assisted dying and the practical implementation thereof in South African criminal law, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65628> A2018 http://hdl.handle.net/2263/65628 en © 2018 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 Physician-Assisted Suicide Criminal Liability Dignified Death Terminal Illness An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title | An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title_full | An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title_fullStr | An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title_full_unstemmed | An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title_short | An analysis of assisted dying and the practical implementation thereof in South African criminal law |
| title_sort | analysis of assisted dying and the practical implementation thereof in south african criminal law |
| topic | UCTD Physician-Assisted Suicide Criminal Liability Dignified Death Terminal Illness |
| url | http://hdl.handle.net/2263/65628 |