1887

n South African Medical Journal - Child consent in South African law : implications for researchers, service providers and policy-makers : original article

USD

 

Abstract

Children under 18 are legal minors who, in South African law, are not fully capable of acting independently without assistance from parents / legal guardians. However, in recognition of the evolving capacity of children, there are exceptional circumstances where the law has granted minors the capacity to act independently. We describe legal norms for child consent to health-related interventions in South Africa, and argue that the South African Parliament has taken an inconsistent approach to: the capacity of children to consent; the persons able to consent when children do not have capacity; and restrictions on the autonomy of children or their proxies to consent. In addition, the rationale for the differing age limitations, capacity requirements and public policy restrictions has not been specified. These inconsistencies make it difficult for stakeholders interacting with children to ensure that they act lawfully.

Loading

Article metrics loading...

/content/m_samj/100/4/EJC67257
2010-04-01
2016-12-05
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error