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Children and Medical Decision Making
Mini Dissertation (LLM)--University of Pretoria, 2020.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613528428380160 |
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| access_status_str | Open Access |
| author2 | Ozah, Karabo |
| author_browse | Ozah, Karabo |
| author_facet | Ozah, Karabo |
| 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 | Mini Dissertation (LLM)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/76927 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:34.848Z |
| 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:2263/76927 Children and Medical Decision Making Ozah, Karabo s.bezuidenhout@up.ac.za Bezuidenhout, Stefanie UCTD Child Law Medical Decision Making Social inclusion Access to healthcare SDG-16: Peace, justice and strong institutions SDG-10: Reduced inequalities SDG-03: Good health and well-being Law theses SDG-03 Law theses SDG-10 Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2020. The Constitutional Court judgments of Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR 327 (CC) and Centre for Child Law and Others v Media 24 Ltd and Others 2020 (1) SACR 469 (CC) have set important precedents for a child’s autonomy and privacy. Two requirements are put forth in the Children’s Act 38 of 2005 for when a child may consent to his or her own medical treatment. The first requirement is the age of consent. A child aged 14 and older was allowed to consent to his or her own medical treatment and his or her surgery at 18 years without parental consent under the now repealed Child Care Act 74 of 1983. The Children’s Act however reduced this age of consent for both medical treatment and surgery and section 129 of the Children’s Act states that a child can consent to his or her own medical treatment without parental assistance at the age of 12. The second requirement is the maturity of the child which entails his or her ability to understand the nature of the medical procedure and the risk and consequence of giving consent to it. If one of the two requirements is not met, then consent may be obtained from the parent or guardian or caregiver of the child, the Superintendent of the hospital or the person in charge of the hospital, the Minister of Social Development or a High Court or Children’s Court. Centre for Child Law LLM Unrestricted 2020-11-09T09:53:16Z 2020-11-09T09:53:16Z 2021-04 2020-10-30 Mini Dissertation Bezuidenhout, S 2020, Children and Medical Decision Making, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/76927> A2021 http://hdl.handle.net/2263/76927 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 Child Law Medical Decision Making Social inclusion Access to healthcare SDG-16: Peace, justice and strong institutions SDG-10: Reduced inequalities SDG-03: Good health and well-being Law theses SDG-03 Law theses SDG-10 Law theses SDG-16 Children and Medical Decision Making |
| title | Children and Medical Decision Making |
| title_full | Children and Medical Decision Making |
| title_fullStr | Children and Medical Decision Making |
| title_full_unstemmed | Children and Medical Decision Making |
| title_short | Children and Medical Decision Making |
| title_sort | children and medical decision making |
| topic | UCTD Child Law Medical Decision Making Social inclusion Access to healthcare SDG-16: Peace, justice and strong institutions SDG-10: Reduced inequalities SDG-03: Good health and well-being Law theses SDG-03 Law theses SDG-10 Law theses SDG-16 |
| url | http://hdl.handle.net/2263/76927 |