South African Journal of Bioethics and Law

ISSNs: 1999-7639, 1999-7639

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  1.  6
    The situation in Gaza – will cruelty and hatred triumph?A. Dhai - 2023 - South African Journal of Bioethics and Law 16 (3):74.
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  2.  7
    Collective responsibility during a cholera outbreak: The case of Hammanskraal.A. E. Obasa, M. Botes & A. C. Palk - 2023 - South African Journal of Bioethics and Law 16 (3):99-104.
    The transmission of cholera, a highly infectious disease, is closely linked to inadequate access to clean water and sanitation facilities, with resource-poor communities, including refugees, rural communities and temporary displacement camps particularly vulnerable to outbreaks. Any disruption in water and sanitation systems or a sudden surge in community size owing to displacement can spark a humanitarian and health crisis, elevating the risk of cholera transmission and possibly triggering a regional epidemic. Recently, Hammanskraal in Gauteng, South Africa, experienced such an epidemic. (...)
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  3.  5
    Pragmatic ethical approaches to evangelising in the medical encounter.C. Ellis - 2023 - South African Journal of Bioethics and Law 16 (3):88-90.
    This paper describes the practical ethical issues and addresses some of the difficulties that arise at the interface between religion and the practice of medicine.Situations that arise between the physician and the patient concerning religious and spiritual beliefs are described. Approaches and caveats to offering religious opinions, instructions and evangelising in the medical encounter are proposed by the author.
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  4.  4
    When sanctuaries of humanity turn into corridors of horror: The destruction of healthcare in Gaza.S. Mahomed - 2023 - South African Journal of Bioethics and Law 16 (3):77-79.
    The people of Gaza endure physical traumas, and psychological and social wounds directly linked to the combination of military occupations and the closing of its border, essentially forcing and trapping them in despair. The destruction of healthcare infrastructure in particular, has methodically added strain on an already hopeless situation, severely affecting the availability and accessibility of essential healthcare services for the population, which further perpetuates the cycle of peoples suffering. Such suffering has escalated to extreme proportions in 2023. As the (...)
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  5.  7
    Three to one – an ethicolegal outline of mitochondrial donation in the South African context.S. Mahomed - 2023 - South African Journal of Bioethics and Law 16 (3):95-98.
    Mitochondrial donation or mitochondrial transfer enables a woman with mitochondrial disease to have a genetically related child without transmitting the disease to the child. The techniques used for mitochondrial donation or transfer which are maternal spindle transfer or pro-nuclei transfer, require three gametes to ultimately produce a healthy embryo. Both these techniques result in the child inheriting nuclear DNA from the intending parents and mitochondrial DNA from the female donor. Following the legalisation of mitochondrial donation in the UK, after a (...)
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  6.  8
    Is there a legal and ethical duty on doctors to inform patients of the likely co-payment costs should they be treated by practitioners who have contracted out of medical scheme rates?D. McQuoid-Mason - 2023 - South African Journal of Bioethics and Law 16 (3):84-87.
    A hypothetical scenario is presented in which a female patient is admitted to a private hospital to undergo a mastectomy and breast reconstruction. The surgeons and anaesthetists conducting the different procedures charge three times the medical aid rates. When the patient asks what the co-payments are likely to be, she is informed by the doctors’ accounts section that they can only provide this information after each procedure. The patient’s medical scheme also advises her that it cannot determine the likely co-payments (...)
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  7.  2
    The war on Gaza. A test of our humanity.M. A. Sathar - 2023 - South African Journal of Bioethics and Law 16 (3):82-83.
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  8.  6
    Israel desecrates the sanctity of healthcare with its attacks.A. Soni - 2023 - South African Journal of Bioethics and Law 16 (3).
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  9.  13
    Gaza and international law: The global obligation to protect life and health.S. Soni - 2023 - South African Journal of Bioethics and Law 16 (3):80-81.
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  10.  2
    A golden opportunity for South Africa to legislate on human heritable genome editing.D. W. Thaldar - 2023 - South African Journal of Bioethics and Law 16 (3):91-94.
    Background. South Africa (SA) currently has a golden opportunity to legislate on human heritable genome editing (HHGE), as the country is revising its assisted reproductive technology regulations. A set of sub-regulations that deals with HHGE, which could seamlessly slot into the current regulations, has already been developed. The principles underlying the proposed set of sub-regulations are as follows: HHGE should be regulated to improve the lives of the people and should not be banned; the well-established standard of safety and efficacy (...)
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  11.  11
    Catch-22: A patient’s right to informational determination and the rendering of accounts by medical schemes.M. Botes & E. A. Obasa - 2023 - South African Journal of Bioethics and Law 16 (2):67.
    Many people who have reached the age of majority still qualify as financial dependents of their parents, and may be registered as dependents on their parents’ medical schemes. This poses a practical conundrum, because major persons enjoy complete autonomy over their bodies to choose healthcare services as they please, including informational determination. However, their sensitive health information may end up being disclosed in the accounts rendered to their parents, as main members of medical schemes, thereby breaching their informational privacy, medical (...)
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  12.  13
    Bridging the regulatory gaps created by Smart and Connected technologies in South Africa.M. Botes & B. Townsend - 2023 - South African Journal of Bioethics and Law 16 (2):36.
    The prevalence of technology-embedded products, services, and cities, described colloquially as ‘smart’ technologies and ‘smart’ cities, has seen a spate of unprecedented growth in recent years. South Africa (SA) has not been left behind, with smartphones, smart watches, and smart voice-controlled virtual personal assistants such as Amazon’s Alexa now frequently used. But while these technologies hold great promise to revolutionise homes, offices and cities, their adoption poses challenges to individual and collective interests and wellbeing. After demonstrating the legal and ethical (...)
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  13.  16
    Using the right to enjoy the benefits of scientific progress to address the needs of adolescent mothers living with HIV.M. Brotherton - 2023 - South African Journal of Bioethics and Law 16 (2):63.
    Various human rights issues arise from the intersection of adolescent motherhood and HIV. While health rights may be the most obvious means by which to address such issues through policy development and legislative means, the right to health is not the only human right that may provide recourse or relief in this regard. This article considers an unexplored avenue of approaching such issues through reliance on the right to enjoy the benefits of scientific progress. The International Covenant on Economic, Social (...)
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  14.  3
    Revisions to the World Medical Association’s Declaration of Helsinki: Africa Region Consultation.A. Dhai - 2023 - South African Journal of Bioethics and Law 16 (2):35.
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  15.  12
    Changes in the empathy levels of a group of undergraduate medical students: A longitudinal study. E. Archer & R. Turner - 2023 - South African Journal of Bioethics and Law 16 (2):46.
    Background. The concept of empathy in students has gained significant attention in medical education. Whether implementing formal educational interventions to promote long-term and effective empathy levels leads to sustained increased empathy levels in students, is however less clear. Objectives. The study aimed to evaluate the trajectory of medical students’ self-perceived empathy levels during their 6-year MB ChB degree. Methods. A longitudinal, prospective study was conducted over 4 years. A cohort of 292 medical students was invited to participate. Participants completed the (...)
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  16.  12
    Unpacking the legality of termination of pregnancy based on ‘social grounds’ under South African law.M. Khan - 2023 - South African Journal of Bioethics and Law 16 (2):55.
    The topic of abortion was in the limelight again in Dobbs v Jackson, where the US Supreme Court overturned the decision of Roe v Wade, ‘which guaranteed women and pregnant people a constitutional right to abortion’. While not bound by the judgment, this gives us an opportunity to reflect on the current law in South Africa which regulates the termination of pregnancy. The primary piece of legislation which governs abortion is the Choice on Termination of Pregnancy Act. Section 2 of (...)
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  17.  12
    Inserting microethics into paediatric clinical care: A consideration of the models of the doctor-patient relationship.S. Lutchman - 2023 - South African Journal of Bioethics and Law 16 (2):59.
    Microethics is about the ethics of everyday clinical practice. The subtle nuances in communication between doctor and patient (the doctor’s choice of words, tone, body language, gestures, etc.) can influence the exercise of the patient’s autonomy. The four models of the doctor- patient/physician-patient relationship (paternalistic, informative, interpretive, deliberative) weigh respect for autonomy and beneficence in varying proportions. Each model may be appropriate in certain circumstances. This article considers these models from the perspective of microethics and the unique dimensions created by (...)
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  18.  12
    Turning the moral compass towards transformative research ethics: An inflection point for humanised pedagogy in higher education.S. Singh - 2023 - South African Journal of Bioethics and Law 16 (2):42.
    Ethical guidance in research is underpinned by the need to show respect for study participants by upholding autonomy in participant decision-making, and confidentiality and protection of individual rights, privacy and interests, yet decision-making could also be influenced by the participant’s sociocultural and belief systems. This calls for a more Africanised approach to research ethics where these values and beliefs are upheld. While national and international ethics guidelines do exist, there is little evidence that such a paradigm shift in research ethics (...)
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  19.  6
    Human dignity and researcher conduct in emergency care research with incapacitated adults.C. Stein - 2023 - South African Journal of Bioethics and Law 16 (2):50.
    Emergency care research sometimes involves incapacitated adults as research participants. The ethical principle of respect for autonomy may not necessarily apply to an incapacitated person unable to act in an autonomous manner, although it can be argued that researchers still have a duty of respect towards such people because they have moral status despite being incapacitated. Sharing some common ground with theories of moral status based on ‘humanness’ and the ability for rational thought is the notion of human dignity, which (...)
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  20.  10
    Parens patriae jurisdiction and religious beliefs of parents in medical treatment of a minor: Examining the Supreme Court’s decision in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) in light of international practice. [REVIEW]U. Anyamele - 2023 - South African Journal of Bioethics and Law 16 (1):29-31.
    Recently, the Supreme Court of Nigeria in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) dismissed an appeal seeking to quash the order of a magistrate court for the transfusion of blood to a baby. The appellants contended that the court had no jurisdiction to make theorder. The crux of the case was whether the parents’ right to consent to the child’s treatment based on religious beliefs supersedes the child’s right to live, thus reflecting the tension between a (...)
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  21.  22
    Bioethics of childbirth for another (surrogate motherhood) in the Civil Code of Kosovo.B. Bahtiri, Q. Maxhuni & R. Ferizi - 2023 - South African Journal of Bioethics and Law 16 (1):23-28.
    Transformations in the biological, medical and legal processes of infertility, substantial modifications in family structure and the advancement of methods and techniques of reproductive technology will affect the next step in both legal and medical terms to address the regulation of bioethics and law in Kosovo. There is a need to establish perspectives in both ethical and professional terms, since the Republic of Kosovo is in the process of drafting a Civil Code. Many of these issues have been raised and (...)
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  22.  8
    Vaccine production in Africa: will initiatives survive?A. Dhai - 2023 - South African Journal of Bioethics and Law 16 (1):2-3.
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  23.  10
    Strengthening research ethics oversight in Africa: The Kenyan example.L. Omutoko, B. Amugune, T. Nyawira, I. Inwani, C. Muchoki, M. Masika, G. Omosa-Manyonyi, C. Kamau, L. K'Apiyo & W. Jaoko - 2023 - South African Journal of Bioethics and Law 16 (1):19-22.
    Background. Africa has seen an increase in the number of health research projects being conducted on the continent, particularly clinical trials. Ideally, this should be accompanied by a commensurate improvement in research ethics review capacity to competently provide the much-required research ethics oversight. Unfortunately, this is not the case in many African countries, which are still grappling with weak research ethics oversight capacity, not only at national level but also at institutional level. Objectives. To describe the proposal by Kenya’s national (...)
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  24.  8
    Mandatory reporting obligations within the context of health research: Grappling with some of the ethical-legal complexities.A. Strode & C. Badul - 2023 - South African Journal of Bioethics and Law 16 (1):4-8.
    Mandatory reporting of various forms of abuse, from violence to corruption, is an attempt by the state to intervene in circumstances where there is a public or a private interest that ought to be protected. This intrusion of the state into what is often a very personal space, such as the home, is largely justified on the basis of the need to provide protection to prevent further harm, and in services to vulnerable populations such as children, the disabled or the (...)
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  25.  10
    Towards a data transfer agreement for the South African research community: The empowerment approach.L. Swales, M. Botes, D. Donnelly & D. Thaldar - 2023 - South African Journal of Bioethics and Law 16 (1):13-18.
    The idea of a data transfer agreement (DTA) template for the South African (SA) research community is receiving increasing attention. Whiledeveloping such a DTA template is certainly a worthwhile project, questions regarding the project’s practical execution should be addressed,including how to best operationalise the envisioned DTA template, and the content of the envisioned DTA template. It is proposed that anempowerment approach be followed in operationalising the envisioned DTA template, which is contrasted with the regulatory approachfollowed with the material transfer agreement (...)
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  26.  17
    Race in health research: Considerations for researchers and research ethics committees.W. Van Staden, A. Nienaber, T. Rossouw, A. Turner, C. Filmalter, A. E. Mercier, J. G. Nel, B. Bapela, M. M. Beetge, R. Blumenthal, C. D. V. Castelyn, T. W. de Witt, A. G. Dlagnekova, C. Kotze, J. S. Mangwane, L. Napoles, R. Sommers, L. Sykes, W. B. van Zyl, M. Venter, A. Uys & N. Warren - 2023 - South African Journal of Bioethics and Law 16 (1):9-12.
    This article provides ethical guidance on using race in health research as a variable or in defining the study population. To this end, a plain, non-exhaustive checklist is provided for researchers and research ethics committees, preceded by a brief introduction on the need for justification when using race as a variable or in defining a study population, the problem of exoticism, that distinctions pertain between race, ethnicity and ancestry, the problematic naming of races, and that race does not serve well (...)
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  27.  6
    How is South Africa going to implement NHI when corruption is so rampant?A. Dhai - 2023 - South African Journal of Bioethics and Law:76.
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  28.  7
    The evolving role of research ethics committees in the era of open data.S. Mahomed & M. L. Labuschaigne - 2023 - South African Journal of Bioethics and Law:80-83.
    While open science gains prominence in South Africa with the encouragement of open data sharing for research purposes, there are stricter laws and regulations around privacy – and specifically the use, management and transfer of personal information – to consider. The Protection of Personal Information Act No. 4 of 2013 (POPIA), which came into effect in 2021, established stringent requirements for the processing of personal information and has changed the regulatory landscape for the transfer of personal information across South African (...)
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  29.  7
    Justice in the provision of healthcare services – A stifled right in the private sector.Safia Mahomed, Melodie Labuschaigne & Magda Slabbert - 2023 - South African Journal of Bioethics and Law:92-95.
    Private medical aids are essentially non-profit organisations that aim to deliver speedy treatment and should prevent members from unexpected, out of pocket expenses for medical care. However, although the latest statistics show that 16.2% of individuals in South Africa were members of medical aid schemes, making the promise of private healthcare accessible to a small percentage of the population, they are not without their own unique set of challenges. The restrictions that exist within the private sector have a direct bearing (...)
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  30.  6
    The CIOMS consensus report on clinical research in resource-limited settings.L. Rägo & M. Zweygarth - 2023 - South African Journal of Bioethics and Law:70-79.
    Background. Responsible clinical research drives the advancement of healthcare. Despite tremendous improvements in the globalresearch and development environment since the 1950s, low- and middle-income countries (LMICs) are often left behind. There are several reasons for this. Firstly, operational, social, ethical and regulatory challenges in LMICs make it difficult for researchers to conduct clinical studies in those settings in line with international requirements. Secondly, many people living in low-resource settings distrust research because some past studies have not benefited the participants or (...)
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  31.  7
    The right to family life: Why the genetic link requirement for surrogacy should be struck out.D. Thaldar - 2023 - South African Journal of Bioethics and Law:84-91.
    Background. South African surrogacy law includes a provision, known as the genetic link requirement, that commissioning parents must use their own gametes for the conception of a surrogate child. As a result, infertile persons who cannot contribute gametes for the conception of a child are prohibited from accessing surrogacy as a way to establish families. The genetic link requirement was previously the subject of a constitutional challenge, but the challenge was rejected by a divided Constitutional Court bench with a seven-to-four (...)
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