- A-Z Publications
- South African Journal of Bioethics and Law
- Previous Issues
- Volume 4, Issue 1, 2011
South African Journal of Bioethics and Law - Volume 4, Issue 1, 2011
Volume 4, Issue 1, 2011
Source: South African Journal of Bioethics and Law 4, pp 2 –3 (2011)More Less
The first issue of SAJBL was published in June 2008. The objectives of the journal included providing education for the professions in the important fields of bioethics, human rights and health law; serving as a vehicle for people working in the field to publish in a reputable and recognised journal; and providing continuing professional development (CPD) in Bioethics as required by the Health Professions Council of South Africa. Effective from January 2010, SAJBL has been included in the Higher Education and Training approved list of journals. This month, as we celebrate our third birthday, I would like to believe that we have been able to achieve the objectives envisaged at the conception of the journal.
Source: South African Journal of Bioethics and Law 4, pp 4 –5 (2011)More Less
Author John J. SmythSource: South African Journal of Bioethics and Law 4 (2011)More Less
Freedom of conscience, termination of pregnancy and the duty to refer and not to prevent or obstruct access to termination of pregnancy under the Choice on Termination of Pregnancy Act : a clarification : forumSource: South African Journal of Bioethics and Law 4, pp 6 –8 (2011)More Less
It has been stated in a letter to the Editor that the contention by the present writer that doctors who rely on their constitutional right to freedom of conscience, and who refrain from referring a female patient requesting a termination of pregnancy to another doctor prepared to undertake the procedure, may be seen as 'preventing' or 'obstructing' a termination of pregnancy is 'quite unfounded in law'. The statement in the letter is based on the wording of Regulation 9 in terms of the Choice on Termination of Pregnancy Act, which it is said was ignored by the present writer. In this article the statement is tested by considering the relationship between the Constitution, the Choice Act and its Regulations; how the courts interpret statutes; the meaning of the words 'facility' and 'locality of facilities'; and the meaning of the words 'prevent' and 'obstruct'. Thereafter the present writer provides reasons for why - until the courts pronounce finally on the issue - it would be ill-advised for doctors to regard his contentions in respect of the prevention and obstruction of terminations of pregnancy as 'unfounded in law'.
Author Nolonwabo Patronella MoyakheSource: South African Journal of Bioethics and Law 4, pp 9 –12 (2011)More Less
When we remove all the dynamics that encase the health care system, it becomes apparent that the patient-health care professional relationship is in essence the foundation of health care. Crucial questions must be answered in order to fully understand the boundaries of the association between these two key role players, doctor and patient. Does this relationship only exist in hospital corridors, or does it extend further into patients' lives? Are health care workers obliged to play multiple roles of advocate, social worker and advisor to their patients? In order to answer these questions and explore other relevant issues this essay will probe socio-economic factors affecting the role that might be expected of a professional, especially in the context of South African communities in the era of HIV / AIDS and economic uncertainty.
Source: South African Journal of Bioethics and Law 4, pp 13 –14 (2011)More Less
The University of KwaZulu-Natal recently hosted a Symposium on Medico-Legal and Ethical Implications of Human Tissue Use, which coincided with recent discussions on proposed amendments to Chapter 8 of the National Health Act 61 of 2003. The Symposium made a number of recommendations regarding: (i) how to overcome the shortage of donations of human tissue; (ii) the need to update the current policy and regulations regarding the use of human tissue; (iii) whether a human tissue co-ordinating body should be established; (iv) the need for national guidelines for the use of human tissue in teaching and research; and (v) how legacy collections involving human tissue should be dealt with.
Author D.L. ClarkeSource: South African Journal of Bioethics and Law 4, pp 15 –17 (2011)More Less
The relationship between doctors and pharmaceutical companies has come under increased scrutiny of late. There is a concern that the increased emphasis by pharmaceutical companies on marketing their products to doctors creates potential conflicts of interest. This review examines this interaction and attempts to provide guidelines as to how this potential conflict of interest may be managed.
The centrality of the dead human body for teaching and research - social, cultural and ethical issuesAuthor D. Gareth JonesSource: South African Journal of Bioethics and Law 4, pp 18 –23 (2011)More Less
Study of the cadaver is integral to both medical education and research, but how is cadaveric material to be obtained in the 21st-century world? Historical precedents are of little assistance, built as they are on the most unethical of practices, including body snatching and murder. This constitutes a major challenge for modern anatomy: has it been able to cast off all semblance of this unsavoury past?
In this paper it is contended that the continued use of unclaimed bodies has proved problematic, ignoring as it does the fundamental ethical impetus of altruism. The use of bequeathed bodies is regarded as ethically preferable, even though cultural practices vary significantly, with the result that the availability of cadavers is uneven across societies. Recent legislation has brought the role of informed consent to the fore, and this is a welcome development. Nevertheless, immense challenges remain for anatomists, a major one being that posed by the large-scale public exhibitions of plastinated bodies, the prime exponent of which is Body Worlds. In assessing the manner in which the plastinates are displayed, those with Renaissance allusions have most in common with an educational rationale, although lacking a research ethos. The contemporary genre plastinates are the furthest removed from any traditional anatomical approach, and generally lack any teaching focus. They are also the most problematic ethically when assessed in terms of the principles of beneficence and non-maleficence. Additionally, the character of donation is changed within the context of these public exhibitions.
Author Mary Elizabeth-Anne De HaasSource: South African Journal of Bioethics and Law 4, pp 24 –28 (2011)More Less
Source: South African Journal of Bioethics and Law 4, pp 29 –35 (2011)More Less
South Africa is witnessing a sharp increase in medical malpractice litigation as patients increasingly become aware of their rights in a setting of an overburdened health system with limited resources. Legitimate claims need to be compensated. However, the consequences of increased litigation are: (i) a further reduction in the state's ability to finance health care as a result of large payouts; and (ii) a continuing increase in malpractice premiums in the private sector. A healthy tension between the medical and legal professions should lead to an overall improvement in quality of health care, but consideration will need to be given to issues such as specialist courts, alternative means of resolution, claim quantum determination and capping. Although these issues will technically not minimise the risk of negligence, they may assist in tempering the increasing litigation spiral. Adequate allocation of funding by the state will reduce the risk of claims against the state that result from inadequate human and other resources; this is an important political / policy debate that speaks indirectly to the litigation issue. The recent implementation of the Consumer Protection Act will increasingly place additional and direct responsibility on health professionals for claims made by patients for which they may be directly or indirectly held responsible.
Source: South African Journal of Bioethics and Law 4, pp 36 –42 (2011)More Less
There is a growing body of scientific evidence that medical male circumcision substantially reduces the risk of contracting HIV and other sexually transmitted infections. The procedure has been hailed as offering partial protection against HIV infection for men during sexual intercourse, raising the hope that widespread male circumcision could significantly reduce the incidence of HIV transmission in South Africa. The literature also suggests that this procedure may prevent transmission of the human papillomavirus to women. Neonatal circumcision, which is considered to carry the lowest risk, is viewed as a vital component of the goal of realising generalised circumcision in the population.
This paper investigates the ethical, legal and public health considerations underlying an HIV prevention strategy that includes neonatal circumcision. It reviews the impact of the practice on the rights of children to bodily integrity, and explores whether proxy consent by a parent or guardian on behalf of a child is appropriate and justifiable on grounds of parental preference, religion, culture or public health policy. This is a complex debate and transcends routine classifications when exploring ethical dilemmas. The article concludes that the rights of neonates to bodily integrity should not be tampered with lightly, and that only a severe public health hazard such as the HIV / AIDS pandemic may justify incursion into this constitutionally protected right.
Medical Ethics, Law and Human Rights : A South African Perspective, Keymanthri Moodley : book reviewAuthor Landon MyerSource: South African Journal of Bioethics and Law 4 (2011)More Less
Issues related to ethics, law and human rights enter into the everyday work of medicine and the health sciences. Almost daily we encounter scenarios that raise ethical concerns - from laboratory work on stored human tissue, or interactions between health care providers and patients, to the shape of policies and programmes to deliver services to populations.
Bioethics, Human Rights and Health Law. Principles and Practice, Ames Dhai and David McQuoid-Mason : book reviewAuthor Janet SeggieSource: South African Journal of Bioethics and Law 4 (2011)More Less
Given its title this slim volume, running to just 200 pages, is deceptive. With elegance, accessibility and easy readability it deals with complex (and it must be said potentially dry) matters of great importance to health practitioners in the South African health delivery environment.
Source: South African Journal of Bioethics and Law 4 (2011)More Less