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A Framework for Legal Enforceability of Living Wills in South Africa
Thesis (LLD)--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613670623674368 |
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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 | © 2019 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 | Thesis (LLD)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/76363 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:50.639Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| 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:2263/76363 A Framework for Legal Enforceability of Living Wills in South Africa Carstens, Pieter Albert, 1960- truidagrove@gmail.com Le Roux Grove, Gertruida UCTD Medical Directives Advance Directives Advance Refusals of Medical Treatment Doctor-Patient Relationship Thesis (LLD)--University of Pretoria, 2019. This thesis investigates the legal validity of living wills (advance directives) in South Africa. The study explores the current status of living wills in South Africa and contains recommendations on how legal enforceability of living wills can be improved in the South African context. The Constitution of the Republic of South Africa, 1996, the common law and the National Health Act, 61 of 2003, serve as basic points of departure for this investigation. Shortcomings in the current South African legislation and proposed draft legislation including the Law Commission’s Draft Bill on End of Life Decisions, 1998, and The National Health Amendment Bill, 2019, as well as shortcomings in the common law, the field of medical ethics and medical practice are indicated and recommendations for an improved framework are made. For purposes of a legal comparative methodology, the legal frameworks of living wills in the Netherlands, England and Canada are investigated. Specific circumstances which could potentially hamper the legal enforcement of living wills are discussed, including: emergency situations, do-not-resuscitate orders, permanent vegetative states, dementia, cessation of artificial hydration and feeding, pregnancy, euthanasia, assisted suicide, palliative care, pain relief and organ donation. It is argued that a living will could be an important tool in enhancing the doctor-patient relationship, not only to the benefit of the autonomous patient whose dignity and other fundamental human rights should be protected, but also to the benefit of the doctor as the medical care provider. Public Law LLD Unrestricted 2020-10-06T10:12:28Z 2020-10-06T10:12:28Z 2020 2019 Thesis Grové, GLR 2019, A Framework for Legal Enforceability of Living Wills in South Africa, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/76363> A2020 http://hdl.handle.net/2263/76363 en © 2019 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 Medical Directives Advance Directives Advance Refusals of Medical Treatment Doctor-Patient Relationship A Framework for Legal Enforceability of Living Wills in South Africa |
| title | A Framework for Legal Enforceability of Living Wills in South Africa |
| title_full | A Framework for Legal Enforceability of Living Wills in South Africa |
| title_fullStr | A Framework for Legal Enforceability of Living Wills in South Africa |
| title_full_unstemmed | A Framework for Legal Enforceability of Living Wills in South Africa |
| title_short | A Framework for Legal Enforceability of Living Wills in South Africa |
| title_sort | framework for legal enforceability of living wills in south africa |
| topic | UCTD Medical Directives Advance Directives Advance Refusals of Medical Treatment Doctor-Patient Relationship |
| url | http://hdl.handle.net/2263/76363 |