South African Journal of Bioethics and Law最新文献_第8页

Human reproduction: Right, duty or privilege? South African perspective 人类生殖:权利、义务还是特权?南非视角

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South African Journal of Bioethics and Law Pub Date : 2021-08-16 DOI: 10.7196/SAJBL.2021.V14I2.00697

M. D. Roubaix

引用次数: 2

Re: Response to the Stellenbosch University’s Research Ethics Committee: Social, Behavioural and Education Research expression of concern 回复:对斯泰伦博斯大学研究伦理委员会:社会、行为和教育研究关注表达的回应

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South African Journal of Bioethics and Law Pub Date : 2021-08-16 DOI: 10.7196/SAJBL.2021.V14I2.00779

A. Strode, W. Freedman, Z. Essack, H. Rooyen

引用次数: 0

To vaccinate or not to vaccinate: Mandatory COVID-19 vaccination in the workplace 接种或不接种:工作场所强制接种COVID-19疫苗

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South African Journal of Bioethics and Law Pub Date : 2021-08-16 DOI: 10.7196/SAJBL.2021.v14i2.781

A. Dhai

引用次数: 1

Reconsidering solidarity in an African modified principlism 重新考虑非洲修正原则中的团结

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South African Journal of Bioethics and Law Pub Date : 2021-08-16 DOI: 10.7196/SAJBL.2021.V14I2.00744

A. K. Fayemi

{"title":"Reconsidering solidarity in an African modified principlism","authors":"A. K. Fayemi","doi":"10.7196/SAJBL.2021.V14I2.00744","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I2.00744","url":null,"abstract":"Principlism has attracted severe criticisms in contemporary bioethical scholarship. Scholars working in bioethics in the sub-Sahara have challenged the autonomy component of principlism, with strong emphasis on solidarity as a more fundamental principle that ought to guide bioethical discourses and practices in Africa and beyond. Focusing on Kevin Gary Behrens, who defends an indigenous Africaninspired version of principlism that incorporates salient African moral values including community, relationality, harmony and solidarity, this article questions the nebulous conception of solidarity in Behrens’ African modified principlism (AMP). AMP is anchored in the principles of respect for persons, beneficence, non-maleficence and harmony. Contra Behrens, I argue that the attempt to replace the American principlist model ‘with a new African-inspired principlist mantra’ can only succeed when there is a thorough analysis of the nature and boundaries of solidarity, which is currently lacking. Advancing on Thaddeus Metz’s construction of solidarity in his ‘Afro-bioethic of communion’, I defend a metaphoric normative conception of solidarity that represents historical symbols of the self and the other in a reflexive-care matrix of identification, recognition, inclusion and empathy. Beyond the partialist frame grounding the understanding of solidarity in African bioethical thought, which is inadequate, I offer a metaphoric, sympathetic and unbound space of solidarity. Suggested for future research is investigating the ranging implications of a metaphoric normative understanding of solidarity for dealing with vulnerable and non-vulnerable groups in the context of healthcare and environmental bioethics at the local, regional and global levels.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"50-54"},"PeriodicalIF":0.9,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48823753","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}

引用次数: 2

How can research ethics committees help to strengthen stakeholder engagement in health research in South Africa? An evaluation of REC documents 研究伦理委员会如何帮助加强利益相关者对南非健康研究的参与？REC文件评估

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00698

Abigail Wilkinson, C. Slack, C. Crews, N. Singh, J. Salzwedal, D. Wassenaar

{"title":"How can research ethics committees help to strengthen stakeholder engagement in health research in South Africa? An evaluation of REC documents","authors":"Abigail Wilkinson, C. Slack, C. Crews, N. Singh, J. Salzwedal, D. Wassenaar","doi":"10.7196/SAJBL.2021.V14I1.00698","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00698","url":null,"abstract":"Background. All health researchers in South Africa (SA) are explicitly encouraged by the ethicolegal framework to engage stakeholders meaningfully in their research. Research ethics committees (RECs) have a role to play in shaping researchers’ practices in this regard, but very little research has explored how RECs might best achieve this. Objectives. To explore whether SA REC documents are prompting researchers to plan sound stakeholder engagement in health research. Methods. We reviewed publicly available documents of RECs registered with the SA National Health Research Ethics Council. Of the 46 registered RECs as of November 2019, the documents of 37 were publicly accessible. These comprised 72 documents (e.g. standard operating procedures and application forms). We coded these according to ethical reasons mentioned for engagement, stakeholders and strategies highlighted for engagement. We used semantic coding, staying close to the actual wording of REC documents. We utilised thematic analysis to identify key themes. Results. We found that many REC documents encouraged researchers to plan engagement in a way that resonates with ethics guidance (theme 1: ‘encouraging sound engagement’). However, we found many wasted opportunities in this regard (theme 2: ‘missing opportunities’). For some RECs, there was little harmonisation across their key documents regarding this important issue (theme 3: ‘moving towards harmonisation’). Conclusion. In the short term, we recommend that RECs should amend their application forms in particular to better ‘trigger’ researchers to thoughtfully plan sound stakeholder engagement. In the longer term, we recommend that RECs’ documents be better harmonised internally regarding their stance on stakeholder engagement.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"6"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45697864","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}

引用次数: 5

Legal issues in posthumous conception using gametes removed from a comatose male: The case of Ex Parte SN 从昏迷男性身上取下配子的死后受孕的法律问题:单方个案

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00728

B. Shozi

{"title":"Legal issues in posthumous conception using gametes removed from a comatose male: The case of Ex Parte SN","authors":"B. Shozi","doi":"10.7196/SAJBL.2021.V14I1.00728","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00728","url":null,"abstract":"In only the second case dealing with posthumous conception in South Africa – Ex Parte SN – a woman approached the High Court seeking an urgent order allowing her to have sperm removed from the body of her comatose husband, so that she could use it for reproductive purposes after his death. This raised two separate legal issues: ( i ) whether gamete removal may occur where the person from whom the gametes are being removed is unable to consent; and ( ii ) whether gametes removed in this way could be used for posthumous conception. The court held that the woman was allowed to have the gametes removed, but did not engage with whether she could use them for posthumous reproduction. The court did not provide reasons, as this case was determined on an urgent basis. This article provides a background to this case, and analyses the main arguments surrounding each of these legal issues. It concludes that the law allows that a person who has the authority to give consent to health services on the comatose patient’s behalf may also give consent to gamete removal. However, whether these gametes may then be used for posthumous conception should be determined by a court, by balancing the various rights and legal interests at play. Three criteria that should guide a court’s determination in cases of posthumous conception are provided.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"28"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41971748","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}

引用次数: 0

A critical review of the South African legal framework on adolescent access to HIV prevention interventions 对南非青少年获得艾滋病毒预防干预措施法律框架的批判性审查

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00716

J. Toohey, A. Strode

{"title":"A critical review of the South African legal framework on adolescent access to HIV prevention interventions","authors":"J. Toohey, A. Strode","doi":"10.7196/SAJBL.2021.V14I1.00716","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00716","url":null,"abstract":"HIV remains a leading cause of death globally, with adolescents continuing to be one of the most at-risk population groups. Effective public health responses require an enabling legal environment to facilitate adolescent access to HIV prevention tools. South Africa (SA) is a good case study of a country with legislative reforms supporting public health HIV prevention programmes. A desktop review was conducted of relevant SA laws compared with key international norms such as age of independent consent and the right to confidentiality. This article reflects on whether the SA legal framework is a facilitator or barrier to adolescent access to key HIV prevention services such as HIV testing and HIV education. The findings indicate a clear recognition of evolving capacity and the inclusion of protections aimed at enhancing decisionmaking. International legal norms are, however, scattered, and not comprehensive enough to inform certain national policy choices. As such, developing a coherent approach to the evolving capacity and protection relating to age-appropriate decision-making can be a challenge for states legislating on adolescent access to HIV prevention interventions. This article highlights the fact that SA has largely created an enabling legal environment for adolescent access to HIV prevention. Nevertheless, there are a number of weaknesses in the SA legal framework, such as the divergent approaches between criminal and civil law regarding sexual activity among adolescents. It is recommended that further research be conducted on legal reform toward a coherent approach to support adolescent access to HIV prevention services.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"16"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44994310","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}

引用次数: 0

ACT-Accelerator data governance framework: Balancing individual rights with the public interest in responding to COVID-19 COVID-19加速计划数据治理框架:在应对COVID-19中平衡个人权利与公共利益

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00756

C. Staunton

引用次数: 0

Forms to capture child consent to surgical procedures: Time to focus on function rather than form 获取儿童对外科手术同意的表格:是时候关注功能而不是形式了

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00696

A. Strode, C. Badul

{"title":"Forms to capture child consent to surgical procedures: Time to focus on function rather than form","authors":"A. Strode, C. Badul","doi":"10.7196/SAJBL.2021.V14I1.00696","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00696","url":null,"abstract":"It is uncontroversial that no form of treatment, including a surgical operation, can be undertaken without the consent of the patient/proxy. The Children’s Act deals expressly with consent to ‘surgical operations’ on children. Section 129 creates a framework based on the principles of child participation and protection. Nevertheless, obtaining consent from children remains complex: firstly, children are legal minors and have limited capacity to act independently. Secondly, there may be risks or longer-term consequences of surgery that distinguish it from medical treatment. Third, a child’s capacity to understand risks is not static: it evolves with age, and limited tools exist to access capacity. Fourth, there are at least three parties to the consent procedure – the child, the parent/guardian and the medical practitioner, all of whom may have different interests. Fifth, in some instances there is the added complication of child parents who need to provide consent for their own child. This article aims to provide guidance to surgeons and other medical practitioners performing surgery on children. It does this through setting out the legal norms relating to child consent to an operation. It critically examines the pro forma consent forms (forms 34 and 35) found in the regulations issued in terms of the Children’s Act that are to be used to document the consent process, and identifies key gaps and weaknesses. It concludes with recommendations for the adaptation of these forms through the use of a checklist to ensure that all the requirements for valid consent are documented, protecting children and medical practitioners.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"20"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46493370","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}

引用次数: 0

Access to COVID-19 vaccines as a global public good: A co-ordinated global response based on equality, justice and solidarity is key 获得新冠肺炎疫苗作为全球公共产品：基于平等、正义和团结的全球协调应对是关键

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South African Journal of Bioethics and Law Pub Date : 2021-04-19 DOI: 10.7196/SAJBL.2021.V14I1.00768

A. Dhai

引用次数: 1