scholarly journals The Protection of Conscientious Objection against Euthanasia in Health Care

2019 ◽  
Vol 22 ◽  
pp. 1-32
Author(s):  
Adriaan Knoetze ◽  
Shaun De Freitas
Keyword(s):  
South African ◽  
Personal Autonomy ◽  
Human Life ◽  
Medical Practitioner ◽  
The South ◽  
Medical Practitioners ◽  
The North ◽  
Pertinent Question ◽  
Proportionality Test ◽  
The Right

In 2015 the South African judiciary was confronted with the issue of the so-called "right to die", when Robin Stransham-Ford applied to the High Court of South Africa (the North Gauteng Division) for an order to have his life terminated. Although the Supreme Court of Appeal set aside the order (on procedural grounds), the High Court's judgment paved the way towards renewed attention regarding the possible legalisation of euthanasia. A pertinent question arising from this is whether a medical practitioner may be compelled to participate in the administering of euthanasia. Bearing this in mind, this article argues for the protection of the rights of medical practitioners who conscientiously object to participating in the administering of euthanasia, especially where such an objection is based on religious beliefs. From this arises the necessity to investigate the rights applicable both to the medical practitioner and the patient (which focusses on the right to freedom of religion and personal autonomy), the weighing up against one another of the different meanings ascribed to such rights, as well as the postulation of a substantively competitive rationale against the background of the importance and sacredness of human life. This also overlaps with the importance of the endeavour towards higher levels of religious freedoms and consequently of plurality in democratic societies. Applying the proportionality test in the analysis whether a medical practitioner's rights may be reasonably and justifiably limited against the background of administering euthanasia also strengthens the argument for the protection of the medical practitioner's right to object conscientiously to the administering of euthanasia. This, together with the vacuum there is in substantive human rights jurisprudence related to this topic, suggests the importance of this article both for the South African context and beyond.  

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

The Villa Item and a Bride's Ordeal

1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee
Keyword(s):  
The South ◽  
Important Paper ◽  
The North ◽  
Dwelling House ◽  
South Wall ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
North Wall ◽  
The Right

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.

II.—Sedgwick Museum Notes

1906 ◽  
Vol 3 (7) ◽  
pp. 301-310 ◽  
Author(s):  
F. R. Cowper Reed
Keyword(s):  
New Species ◽  
South African ◽  
North American ◽  
The South ◽  
The North ◽  
Generic Position ◽  
Small Collection ◽  
First Time

A Small collection of fossils from the Bokkeveld Beds has recently been sent to me for identification by the South African Museum, and some of them have been generously presented to the Sedgwick Museum. Amongst this material it is interesting to find some genera not previously recorded from the Cape and some new species. The majority of the specimens are in the condition of internal casts, and hence present especial difficulties in their determination, so that in a few cases some uncertainty must remain as to the generic position of the fossils. However, I am able to record for the first time from these beds the occurrence of the well-known lamellibranchiate genus Buchiola, and of a shell which may be identified with Nyussa arguta, Hall, of the North American Devonian. The genus Buchiola occurs in argillaceous nodules from the Zwartberg Pass crowded with individuals of the species which I have named B. subpalmata and with a few examples of an undetermined species. No other associated fossils can be recognised in these nodules, but I am informed that an abundant fauna is found in the beds at this locality.

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals Observations upon the marine barometer, made during the examina­tion of the coasts of New Holland and New Wales, in the Years 1801, 1802, and 1803. By Matthew Flinders, Esq. Com­mander of His Majesty’s Ship Investigator . In a letter to the Right Hon. Sir Joseph Banks, K. B. P. R. S. &c. &c. &c

1832 ◽  
Vol 1 ◽  
pp. 230-232
Keyword(s):  
The State ◽  
The Other ◽  
South Coast ◽  
The South ◽  
South Side ◽  
The North ◽  
North Side ◽  
Northern Half ◽  
Southern Half ◽  
The Right

The chief circumstance that induced Capt. Flinders to think his observations Upon the marine barometer were worthy of attention, was the coincidence that took place between the rising and falling of the mercury, and the setting in of winds that blew from the sea and from off the land, to which there seemed to be at least as much reference as to the strength of the wind or the state of the atmosphere. Our author’s examination of the coasts of New Holland and the other parts of the Terra Australis, began at Cape Leuwen, and con­tinued eastward along the south coast. His observations, which, on account of their length, we must pass over, show, that a change of wind from the northern half of the compass to any point in the southern half, caused the mercury to rise; and that a contrary change caused it to fall. Also, that the mercury stood considerably higher When the wind came from the south side of east and west, than when, in similar weather, it came from the north side.

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

Surface faulting along the Superstition Hills fault zone and nearby faults associated with the earthquakes of 24 November 1987

1989 ◽  
Vol 79 (2) ◽  
pp. 252-281
Author(s):  
R. V. Sharp ◽  
K. E. Budding ◽  
J. Boatwright ◽  
M. J. Ader ◽  
M. G. Bonilla ◽  
...  
Keyword(s):  
Fault Zone ◽  
Lateral Displacement ◽  
Vertical Displacement ◽  
Repeated Measurements ◽  
The South ◽  
Surface Rupture ◽  
Imperial Valley ◽  
The North ◽  
South Central ◽  
The Right

Abstract The M 6.2 Elmore Desert Ranch earthquake of 24 November 1987 was associated spatially and probably temporally with left-lateral surface rupture on many northeast-trending faults in and near the Superstition Hills in western Imperial Valley. Three curving discontinuous principal zones of rupture among these breaks extended northeastward from near the Superstition Hills fault zone as far as 9 km; the maximum observed surface slip, 12.5 cm, was on the northern of the three, the Elmore Ranch fault, at a point near the epicenter. Twelve hours after the Elmore Ranch earthquake, the M 6.6 Superstition Hills earthquake occurred near the northwest end of the right-lateral Superstition Hills fault zone. Surface rupture associated with the second event occurred along three strands of the zone, here named North and South strands of the Superstition Hills fault and the Wienert fault, for 27 km southeastward from the epicenter. In contrast to the left-lateral faulting, which remained unchanged throughout the period of investigation, the right-lateral movement on the Superstition hills fault zone continued to increase with time, a behavior that was similar to other recent historical surface ruptures on northwest-trending faults in the Imperial Valley region. We measured displacements over 339 days at as many as 296 sites along the Superstition Hills fault zone, and repeated measurements at 49 sites provided sufficient data to fit with a simple power law. Data for each of the 49 sites were used to compute longitudinal displacement profiles for 1 day and to estimate the final displacement that measured slips will approach asymptotically several years after the earthquakes. The maximum right-lateral slip at 1 day was about 50 cm near the south-central part of the North strand of Superstition Hills fault, and the predicted maximum final displacement is probably about 112 cm at Imler Road near the center of the South strand of the Superstition Hills fault. The overall distributions of right-lateral displacement at 1 day and the estimated final slip are nearly symmetrical about the midpoint of the surface rupture. The average estimated final right-lateral slip for the Superstition Hills fault zone is about 54 cm. The average left-lateral slip for the conjugate faults trending northeastward is about 23 cm. The southernmost ruptured member of the Superstition Hills fault zone, newly named the Wienert fault, extends the known length of the zone by about 4 km. The southern half of this fault, south of New River, expressed only vertical displacement on a sinuous trace. The maximum vertical slip by the end of the observation period there was about 25 cm, but its growth had not ceased. Photolineaments southeast of the end of new surface rupture suggest continuation of the Superstition Hills fault zone in farmland toward Mexico.

scholarly journals Reflections on a field across time and space: the emergent medical and health humanities in South Africa

2018 ◽  
Vol 44 (4) ◽  
pp. 263-269 ◽  
Author(s):  
Victoria Jane Hume ◽  
Megan Wainwright
Keyword(s):  
South Africa ◽  
South African ◽  
Cross Cultural ◽  
The South ◽  
Health Humanities ◽  
Cultural Experience ◽  
The North ◽  
Qualitative Evidence ◽  
The Uk ◽  
Personal Reflections

In this paper, we draw on our own cross-cultural experience of engaging with different incarnations of the medical and health humanities (MHH) in the UK and South Africa to reflect on what is distinct and the same about MHH in these locations. MHH spaces, whether departments, programmes or networks, have espoused a common critique of biomedical dualism and reductionism, a celebration of qualitative evidence and the value of visual and performative arts for their research, therapeutic and transformative social potential. However, there have also been differences, and importantly a different ‘identity’ among some leading South African scholars and practitioners, who have felt that if MHH were to speak from the South as opposed to the North, they would say something quite different. We seek to contextualise our personal reflections on the development of the field in South Africa over recent years within wider debates about MHH in the context of South African academia and practice, drawing in part on interviews conducted by one of the authors with South African researchers and practitioners and our own reflections as ‘Northerners’ in the ‘South’.

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