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The potential delictual liability of non-vaccinating parents in South Africa
Thesis (LLD)--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613675167154176 |
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| access_status_str | Open Access |
| author2 | Schoeman, Elsabe |
| author_browse | Schoeman, Elsabe |
| author_facet | Schoeman, Elsabe |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91651 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:54.964Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| 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:2263/91651 The potential delictual liability of non-vaccinating parents in South Africa Schoeman, Elsabe liesl.hager@up.ac.za Zitzke, Emile Hager, Liesl non-vaccination delictual liability children’s rights negligence torts best interests common-law delict UCTD Thesis (LLD)--University of Pretoria, 2023. This thesis explores the potential delictual liability of non-vaccinating parents in South Africa for the harm caused to another by failing to have their child vaccinated. The South African common-law delict is explored with specific reference to the five common-law delictual elements, as well as the three historic actions: the actio iniuriarum; the Germanic action for pain and suffering; and the actio legis Aquiliae. In Chapter 1, the reader is introduced to the research topic, and specifically the issue of non-vaccination, what it entails for purposes of this thesis, and why the non-vaccination of a child may potentially attract delictual liability. Chapter 2 explores non-vaccination in greater detail, including the importance of vaccination, a short overview of the history of non-vaccination, and why non-vaccination is still regarded as a global health threat. Non-vaccination is considered against a constitutional backdrop in Chapter 3 to establish whether children have an express or implied constitutional right to vaccination and whether or not parents have a corresponding duty to vaccinate their children. Chapter 3 also considers the common-law rights of parents as well as the role of the Children’s Act in the constitutional conundrum. Foreign-law considerations regarding the potential civil liability of non-vaccinating parents are considered in Chapter 4 with reference to foreign case law and legislation. The South African common-law delict is explored in Chapter 5 and each delictual element is considered in detail to establish whether non-vaccinating parents could possibly face delictual liability for the harm caused to others by their failure to have their child vaccinated. In Chapter 6 recommendations for statutory reform are made with reference to the consequences of imposing delictual liability and to assist litigants in a delictual suit. Chapter 7 concludes the thesis with a short summary of the chapters and concluding remarks. Keywords: non-vaccination; anti-vax; delictual liability; children’s rights; negligence; torts; duties; breach; best interests; common-law delict; wrongfulness; harm; conduct; causation; fault. Skye Foundation Private Law LLD Unrestricted 2023-07-27T10:05:16Z 2023-07-27T10:05:16Z 2023 2023 Thesis * S2023 http://hdl.handle.net/2263/91651 en © 2023 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 | non-vaccination delictual liability children’s rights negligence torts best interests common-law delict UCTD The potential delictual liability of non-vaccinating parents in South Africa |
| title | The potential delictual liability of non-vaccinating parents in South Africa |
| title_full | The potential delictual liability of non-vaccinating parents in South Africa |
| title_fullStr | The potential delictual liability of non-vaccinating parents in South Africa |
| title_full_unstemmed | The potential delictual liability of non-vaccinating parents in South Africa |
| title_short | The potential delictual liability of non-vaccinating parents in South Africa |
| title_sort | potential delictual liability of non vaccinating parents in south africa |
| topic | non-vaccination delictual liability children’s rights negligence torts best interests common-law delict UCTD |
| url | http://hdl.handle.net/2263/91651 |