South African Journal of Bioethics and Law最新文献

{"title":"The Universal Declaration of Bioethics and Human Rights – a provisional perspective on surrogacy introduction","authors":"Riaan Rheeder","doi":"10.7196/sajbl.2025.v18i2.2674","DOIUrl":"https://doi.org/10.7196/sajbl.2025.v18i2.2674","url":null,"abstract":"Backgound. Surrogacy is a contentious reproductive technology that has garnered significant global attention, particularly following Pope Francis’ 2024 condemnation of it and his advocacy for a universal ban, amid its rising prevalence in high-income regions driven by factors such as advancing parental age and the reproductive aspirations of single men, same-sex couples, and transgender individuals. This article evaluates surrogacy through the framework of the Universal Declaration of Bioethics and Human Rights, a 2005 UNESCO-adopted document establishing 15 universal bioethical principles to guide discussions on medicine, life sciences, and associated technologies, emphasising its role in fostering global ethical discourse grounded in human rights. Objective. To assess the ethical dimensions of surrogacy by applying the principles of the UDBHR, determining whether the declaration adopts a neutral stance, merely offers procedural guidelines, or provides a substantive ethical judgment on the practice. This provisional analysis posits a central theoretical argument that the UDBHR creates an ethical paradox by simultaneously legitimising surrogacy through procedural mechanisms while posing significant moral challenges to its acceptability, with the study confined to evaluative purposes without extending to policy recommendations. Method. The methodology employed is evaluative, critically examining surrogacy against the UDBHR’s standards to gauge its ethical soundness, incorporating an interpretive analysis of how the declaration’s principles intersect with surrogacy’s ethical, legal and social facets. The approach begins with an explication of surrogacy’s types, processes, reasons, costs and controversies, followed by a principle- by-principle discussion under the UDBHR, drawing on limited existing literature such as the 2019 International Bioethics Committee (IBC ) Report, while maintaining a focus solely on ethical assessment. Results. The evaluation identifies a dual nature within the UDBHR: certain articles offer procedural support that implicitly endorses surrogacy when conducted ethically, aligning it with benefits like parenthood fulfillment and social responsibility. Conversely, other articles highlight substantive concerns, including maternal health risks, embryo commodification, child rights violations, exploitation of vulnerable women, and long-term impacts on offspring, thereby questioning surrogacy’s moral foundation. Conclusion. The UDBHR manifests an inherent ethical paradox regarding surrogacy, providing procedural legitimacy through guidelines that facilitate its practice while simultaneously challenging its ethical viability via principles that underscore risks to dignity, vulnerability, equality and future well-being. Consequently, the analysis concludes that surrogacy, in its current form, encounters fundamental ethical obstacles under the UDBHR, necessitating further research and stringent international regulations to potentiall","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"1 1","pages":"e2674-e2674"},"PeriodicalIF":0.0,"publicationDate":"2025-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://samajournals.co.za/index.php/sajbl/article/download/2674/1531","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147880586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Global Health Equity through Decolonizing Health Research Ethics in Africa: Leveraging Kwame Nkrumah’s Analysis of Neocolonialism","authors":"John Barugahare","doi":"10.58177/ajb240009","DOIUrl":"https://doi.org/10.58177/ajb240009","url":null,"abstract":"Background: Arguably, the ultimate ethical goal of conducting health research among humans is to provide them with better health opportunities. Because of growing perceptions that ongoing international collaborative health research between the Global North and Africa is neocolonial in nature, there is worry that this goal will not be easily met. Hence, there is a need to decolonize international collaborative health research in Africa. The current strategy of decolonizing international collaborative health research in Africa is the decolonization of health research ethics. Using Kwame Nkrumah’s analysis of neocolonialism in ‘Neocolonialism: the last stage of imperialism’, the aim of this paper is to examine the potential of the current strategy to meet the ultimate goal of decolonization. Methods: The analysis in this paper is based on Kwame Nkrumah’s perspective on neocolonialism and decolonization. Using the speculative and prescriptive approaches, the paper uses secondary sources to corroborate and demonstrate its argument. Results: The paper proposes the concept of maximin exploitation as a holistic conception of exploitation in health research to guide the discourse of decolonizing international collaborative health research. After revealing a growing consensus that international collaborative health research is neocolonial in nature and hence a need to decolonise it, the paper demonstrates that Nkrumah’s analysis of neocolonialism implies that the ultimate goal of decolonizing health research in Africa should be to mitigate and ultimately stop the exploitation of African peoples. Discussion: The paper shows that the current decolonizing strategy, is yet to demonstrate its ability to mitigation maximin exploitation in health research. Unless conscientiously pursued, the efforts based on this strategy risk failure to meet Nkrumah’s ultimate goal of decolonization, and arguably are becoming a subtle method for facilitating, and entrenching neocolonialism—the exploitation of African peoples. Conclusion: The mission of decolonizing health research ethics in Africa needs to clearly demonstrate the potential to mitigate and ultimately end maximin exploitation in health research, and be critical enough to avoid the risk of subconsciously facilitating neocolonialism.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://tghncollections.pubpub.org/pub/3vwdh82u/download/pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147882721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing data governance in collaborative research: Introducing SA DTA 1.1.","authors":"D Thaldar, M Botes, L Swales, P Esselaar","doi":"10.7196/sajbl.2024.v17i2.2300","DOIUrl":"10.7196/sajbl.2024.v17i2.2300","url":null,"abstract":"<p><strong>Background: </strong>The SA DTA was updated to better serve the South African research community by providing clarity on exactly when - at what stage during research - institutions hold rights to the data they generate in collaborative research contexts where raw data are received and integrated with other data. SA DTA 1.1 introduces significant enhancements in data governance, focusing on the explicit definition and management of 'inferential data'.</p><p><strong>Objectives: </strong>To introduce SA DTA 1.1 and demonstrate its practical application in real-world research contexts.</p><p><strong>Methods: </strong>Using a descriptive design, the study presents two practical case studies: one involving two universities and another a university and a pharmaceutical company. The first case focuses on identifying genetic markers for neurodegenerative diseases, while the second addresses genetic markers for chronic diseases.</p><p><strong>Results: </strong>In the first case study, the entity conducting the analysis generated inferential data independently, thereby gaining sole rights in such data. In the second case study, both collaborating entities contributed to the data analysis, leading to joint rights in the inferential data. These findings demonstrate the flexibility and clarity provided by SA DTA 1.1 in managing data ownership and intellectual property rights.</p><p><strong>Conclusion: </strong>SA DTA 1.1 significantly advances data governance by providing clear and adaptable guidelines for data rights in collaborative research. It supports ethical and efficient data sharing, protecting researchers' interests and fostering global scientific innovation.</p>","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"17 2","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12520612/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145303965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Collective responsibility during a cholera outbreak: The case of Hammanskraal","authors":"A. E. Obasa, M. Botes, A. Palk","doi":"10.7196/sajbl.2023.v16i3.1250","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1250","url":null,"abstract":"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. A multifaceted approach is essential to minimise fatalities and effectively manage healthcare services in such health emergencies. This approach includes early detection, rapid response to contain outbreaks, and the effective deployment of technical support, advocacy, resource mobilisation and partnerships at local, national, and international levels. This paper explores the responsibilities of individuals, healthcare workers, communities and governments in addressing epidemics. It also delves into the concept of collective responsibility with regard to climate change and cholera, as part of the multifaceted approach for cholera prevention and control. While economic development, equal access to safe drinking water, and adequate sanitation are necessary for cholera control, major challenges persist in achieving the fundamental right to a healthy environment in the long term. We also discuss these obstacles and conclude with practical suggestions and recommendations for future cholera prevention.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"2 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139168960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The situation in Gaza – will cruelty and hatred triumph?","authors":"A. Dhai","doi":"10.7196/sajbl.2023.v16i3.1819","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1819","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"116 26","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138953774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Three to one – an ethicolegal outline of mitochondrial donation in the South African context","authors":"B. L. L. S Mahomed","doi":"10.7196/sajbl.2023.v16i3.1272","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1272","url":null,"abstract":"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 rigorous process of scientific and ethical review, and the birth of another baby using the technique, coupled with the fact that there is no cure for mitochondrial disease, suggests that it is prudent for us to consider this reproductive intervention and its application in the South African setting. In addition, the 2019 UNESCO Report of the International Bioethics Committee (IBC) on assisted reproductive technologies (ART) and parenthood, encourages debate on changes in models of parenthood influenced by ART including the emergence of new models of families and forms of parenthood that extend beyond the classical rule of mater semper certa est (the mother is always known). ART, in particular mitochondrial donation, challenges this rule. The aim of this paper is to provide an outline of the legal and ethical positions of mitochondrial donation and resume the discussion with specific focus on the South African context.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"3 3","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139168629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A golden opportunity for South Africa to legislate on human heritable genome editing","authors":"PhD D W Thaldar","doi":"10.7196/sajbl.2023.v16i3.1568","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1568","url":null,"abstract":"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 should be used in the regulation of HHGE; quality of life is what matters, and not preserving a ‘normal’ genome; parents’ reproductive autonomy must be respected; and equality of access to approved HHGE technology should be promoted. Objectives. To ascertain whether the proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Methods. Public opinion in SA is determined with reference to a deliberative public engagement study on HHGE conducted among South Africans, and the relevant rights in the Bill of Rights are interpreted with reference to recent case law. Results. This proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Conclusion. Despite the legal and ethical complexities of HHGE, the proposed set of sub-regulations provides a targeted and effective legislative approach. They fit seamlessly into the country’s existing health law framework, creating specific legal standards for HHGE that align with both public opinion and the country’s Bill of Rights.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"74 ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139169704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pragmatic ethical approaches to evangelising in the medical encounter","authors":"C. Ellis","doi":"10.7196/sajbl.2023.v16i3.1141","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1141","url":null,"abstract":"\u0000\u0000\u0000\u0000This 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.\u0000\u0000\u0000\u0000","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"126 31","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138953661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The war on Gaza. A test of our humanity","authors":"M. A. Sathar","doi":"10.7196/sajbl.2023.v16i3.1734","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1734","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"358 ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139170565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gaza and international law: The global obligation to protect life and health","authors":"S. Soni","doi":"10.7196/sajbl.2023.v16i3.1764","DOIUrl":"https://doi.org/10.7196/sajbl.2023.v16i3.1764","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"82 5","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138956823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}