‘Mental capacity’, ‘sufficient maturity’, and ‘capable of understanding’ in relation to children: how should health professionals interpret these terms?

2017 ◽  
Vol 48 (4) ◽  
pp. 538-552 ◽  
Author(s):  
Basil J Pillay ◽  
Jerome A Singh
Keyword(s):  
South Africa ◽  
Informed Consent ◽  
National Health ◽  
Health Professionals ◽  
Healthcare Professionals ◽  
Mental Capacity ◽  
Common Definition ◽  
Foreign Law ◽  
Definition Of ◽  
National Health Act

South Africa’s Children’s Act 38 of 2005 requires health professionals to determine whether a child possesses ‘sufficient maturity’ and ‘mental capacity’ to make decisions about themselves in relation to surgery, treatment, and HIV testing. Similarly, the National Health Act 61 of 2003 requires a child to be ‘capable of understanding’ to provide informed consent in research. However, neither the Children’s Act nor the National Health Act defines these terms. Moreover, there is no common definition of ‘sufficient maturity’ among healthcare professionals in South Africa. Appreciating how foreign law interprets ‘mental capacity’ and how different healthcare professionals evaluate ‘maturity’ could prove illuminative in respect to how these terms could be interpreted by health professionals in South Africa, and elsewhere.

Embedding Ethical Principles in the Information Science Research Process

2020 ◽  
pp. 52-79
Author(s):  
Lorette Jacobs
Keyword(s):  
South Africa ◽  
Cultural Diversity ◽  
National Health ◽  
Information Science ◽  
Ethical Issues ◽  
Science Research ◽  
Research Process ◽  
Ethical Principles ◽  
Nuremberg Code ◽  
National Health Act

The chapter focuses on important aspects of ethics that will guide an information science researcher to consider ethics as an integral part of a successful research project. The Nuremberg Code, Belmont Report, and Declaration of Helsinki informed ethical principles and practices that are seen as internationally acceptable. Since the inception of the National Health Act 61 of 2003 in South Africa, which informs research practices related to all disciplines, ethics has become a mandatory part of the research process. However, applying ethical principles during research may, at times, be fraught with difficulties. Cultural diversity, transformation, and technological advancements expand the complexity of ethical issues that researchers should consider. It is important for prospective researchers to gain knowledge and understanding of the context of ethics and its application throughout the research process. Researchers are required to adhere to strict ethical principles related to respect, consent, beneficence, non-maleficence, confidentiality, and anonymity.

Nigerian laws on informed consent before a surgical procedure

2019 ◽  
Vol 87 (4) ◽  
pp. 185-187
Author(s):  
Mabel Ijeoma Ezeuko
Keyword(s):  
Informed Consent ◽  
Medical Ethics ◽  
National Health ◽  
Surgical Procedure ◽  
Medical Intervention ◽  
Medical Procedure ◽  
Medical Negligence ◽  
Medical Practitioners ◽  
National Health Act

Informed consent is a process of communication between a clinician and a patient, which results in the patient's agreement to undergo a medical procedure. Rule 19 Part A: Code of Medical Ethics of Nigeria and Section 23 of the National Health Act 2004 prescribe the process of obtaining consent before a medical intervention. The equitable law of torts and/or criminal liabilities that deal with medical negligence should be invoked more often by patients whose right to informed consent is denied by medical practitioners.

The Use of Behavior Modification in Institutional Drug Programs: Does the End Justify the Means?

1983 ◽  
Vol 13 (2) ◽  
pp. 105-113
Author(s):  
Chwee Lye Chng ◽  
Gordon Miur Giles
Keyword(s):  
Informed Consent ◽  
Drug Treatment ◽  
Social Control ◽  
Behavior Modification ◽  
Health Professionals ◽  
Treatment Programs ◽  
Institutional Treatment ◽  
Drug Treatment Programs ◽  
Definition Of

The purpose of this paper is two-fold: to present an overview of behavior modification, and to discuss ethical misgivings pertaining directly to the use of behavior modification in institutional drug treatment programs. Drug educators and health professionals, in their enthusiasm over the apparent effectiveness of this approach, have sometimes neglected to ask the all important question: Does the end justify the means? More specifically, the paper raises questions about the following issues vis-a-vis the use of behavior modification in institutional treatment programs: definition of problem, danger of social control, and informed consent. It concludes with a reexamination of aversive therapy and a plea for professionalism.

scholarly journals Spirituality and Healthcare—Common Grounds for the Secular and Religious Worlds and Its Clinical Implications

Religions ◽  
2020 ◽  
Vol 12 (1) ◽  
pp. 22
Author(s):  
Marcelo Saad ◽  
Roberta de Medeiros
Keyword(s):  
Health Professionals ◽  
Common Ground ◽  
Healthcare Professionals ◽  
Scientific Literature ◽  
Government Policies ◽  
Clinical Implications ◽  
Spiritual Dimension ◽  
The Common ◽  
Definition Of ◽  
Behavioural Sciences

The spiritual dimension of patients has progressively gained more relevance in healthcare in the last decades. However, the term “spiritual” is an open, fluid concept and, for health purposes, no definition of spirituality is universally accepted. Health professionals and researchers have the challenge to cover the entire spectrum of the spiritual level in their practice. This is particularly difficult because most healthcare courses do not prepare their graduates in this field. They also need to face acts of prejudice by their peers or their managers. Here, the authors aim to clarify some common grounds between secular and religious worlds in the realm of spirituality and healthcare. This is a conceptual manuscript based on the available scientific literature and on the authors’ experience. The text explores the secular and religious intersection involving spirituality and healthcare, together with the common ground shared by the two fields, and consequent clinical implications. Summarisations presented here can be a didactic beginning for practitioners or scholars involved in health or behavioural sciences. The authors think this construct can favour accepting the patient’s spiritual dimension importance by healthcare professionals, treatment institutes, and government policies.

scholarly journals Aquamation: legal nail in burial and cremation's coffin?

De Jure ◽  
2021 ◽  
Vol 54 (1) ◽  
pp. 1-11
Author(s):  
Magda Slabbert ◽  
Melody Labuschaigne
Keyword(s):  
South Africa ◽  
National Health ◽  
Alkaline Hydrolysis ◽  
Chemical Process ◽  
New Technology ◽  
Environmentally Friendly ◽  
Dead Body ◽  
Acceptable Alternative ◽  
The 1960S ◽  
National Health Act

Respect for the dead defines a community. Burial of a corpse has for many years been the only way of disposing of a dead body. Land available for burial sites is limited. In the 1960s cremation became an acceptable alternative to burial. Recently a more environmentally friendly way of disposing of a corpse was introduced to South Africa. Alkaline Hydrolysis or aquamation is a chemical process dissolving a dead body. The wastewater can be disposed of in a sewage system. Legislation has not kept up with this new technology. A new set of regulations to the National Health Act 61 of 2003 is proposed.

scholarly journals An overview of the National Health Insurance and its possible impact on eye healthcare services in South Africa

2015 ◽  
Vol 74 (1) ◽  
Author(s):  
H. Lawrence Sithole
Keyword(s):  
South Africa ◽  
Health Insurance ◽  
National Health Insurance ◽  
National Health ◽  
Healthcare Professionals ◽  
Healthcare Delivery ◽  
Public Healthcare ◽  
Health Coverage ◽  
Care Providers ◽  
Eye Care

The National Health Insurance (NHI) is an important development that underpins democracy in South Africa. It aims to redress the inequities of public healthcare delivery by implementing transformational policies towards establishing inclusive public healthcare coverage for the entire population of South Africa, with more emphasis on health promotion. The implementation of this initiative has created some hope amongst primary eye healthcare professionals, such as optometrists, that their profession may finally be given the recognition it deserves. Although the government is contemplating introducing a new directorate for eye healthcare and forming an advisory committee on eye healthcare reporting to the Minister of Health, the extent to which eye healthcare will be incorporated into the NHI is currently not clear. It is believed that the white paper on the NHI will shed some light on these issues. Unfortunately, current indications are that the initiative has serious challenges to overcome such as poor infrastructure, budgetary constraints and lack of interest from other healthcare professionals. Furthermore, corruption issues may also need to be addressed if the NHI is to be implemented successfully. Nevertheless, the NHI remains a positive proposition for universal health coverage for the people of South Africa, and there is hope that primary eye care providers, such as optometrists and other eye care professionals, will also play a greater role in the NHI than they currently do in the public healthcare system.

Sign in / Sign up

Export Citation Format

Share Document