n South African Law Journal - The interdependence of rights to health and autonomy in South Africa

Volume 125, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This article explores the interaction between health, autonomy and empowerment in the South African context. It considers social and structural factors impacting on health-related lifestyle 'choices', assesses the protection and enhancement of health-related autonomy in South African law and critically analyses elaborations on individual autonomy, in health-related contexts, by South African courts. The article ultimately argues for a more substantive legal conception of individual autonomy that reflects human interdependence and acknowledges the links between lifestyle choices conducive to health and the material dimensions of socio-economic empowerment.

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