scholarly journals A SELECTION OF CONSTITUTIONAL ASPECTS THAT IMPACT ON THE MENTALLY DISORDERED PATIENT IN SOUTH AFRICA

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Magdaleen Swanepoel
Keyword(s):  
South Africa ◽  
Personal Responsibility ◽  
Clinical Status ◽  
Policy Framework ◽  
Mentally Disordered ◽  
The Right To Privacy ◽  
African Health ◽  
The Right ◽  
Privacy And Confidentiality ◽  
Selection Of

This article examines a selection of constitutional aspects that impact on the mentally disordered patient in South Africa. There are specific fundamental human rights protected in the Bill of Rights that are applicable to the psychiatric and psychology professions and the mentally disordered patient. The first is section 36 of the Constitution – the general limitation clause. Further rights include the right to dignified and humane treatment, freedom from discrimination in terms of access to all forms of treatment, the right to privacy and confidentiality, the right to protection from physical or psychological abuse and the right to adequate information about their clinical status. These rights should ideally include efforts to promote the greatest degree of self-determination and personal responsibility of patients. Since 1994 many farreaching improvements have been made to the South African health system. The legal and policy framework described in this article is still relatively new and is a major achievement. However, much remains to be done to implement policies and to ensure that the vision of the protection of the mentally disordered patient becomes a reality for people regardless of factors like mental disorder. Because this is an article of limited scope, focus is placed on a discussion of sections 10, 12(2)(b) and 14 of the Constitution.

scholarly journals Practicing patients’ rights in Iran: a review of evidence

2022 ◽  
Author(s):  
Tahere Sharifi ◽  
Ehsan Shamsi-Gooshki ◽  
Ali Mohammad Mosadeghrad ◽  
Ebrahim Jaafaripooyan
Keyword(s):  
Critical Appraisal ◽  
Web Of Science ◽  
Meta Analysis ◽  
Patient Rights ◽  
Healthcare Organizations ◽  
Patients Rights ◽  
The Right To Privacy ◽  
Critical Appraisal Skills ◽  
The Right ◽  
Privacy And Confidentiality

Protection of patients' rights is critical in improving healthcare quality, and hence this study aimed at reviewing patient rights’ practices in healthcare organizations of Iran. Using systematic search, this review was conducted based on Preferred Reporting Items for Systematic Review and Meta-Analysis Protocols (PRISMA-P). Several keywords, including "patient rights", "patient bills of rights" and "patients rights’ charter" were searched bilingually in the databases of SID, Magiran, PubMed, Scopus, and Web of Science from 2010 to 2021, and then, following a three-tier screening using the Critical Appraisal Skills Program (CASP) checklists, 76 articles were extracted. The degree of compliance with the Patients' Rights Charter (PRC) in healthcare organizations was 60.88% on average. As to the observance of the PRC dimensions, respectively, the highest and lowest scores were related to the "right to privacy and confidentiality" (70.16%) and "right to access an efficient complaining system" (53.01 %). Respect for patients' rights in organizations was assessed at a moderate level, and some aspects of patients' rights should be attended to immediately. Therefore, discrepancies in the dimensions of patients' rights and their implementation by organizations should be on the agenda of healthcare managers and policymakers.

scholarly journals Warrantless Search and Seizures by the South African Police Service: Weighing up the Right to Privacy versus the Prevention of Crime

2021 ◽  
Vol 24 ◽  
pp. 1-27
Author(s):  
Windell Nortje
Keyword(s):  
South Africa ◽  
Search And Seizure ◽  
Constitutional Court ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Reasonable Suspicion ◽  
The Individual ◽  
Search Warrant ◽  
Prevention Of Crime ◽  
The Right

The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy by any person or institution. The Constitutional Court has also, on numerous occasions, held that the right to privacy is bolstered by its connection with the right to human dignity. It is undeniable that every person's right to privacy should be protected. However, a person's right to privacy is violated when police officials conduct warrantless search and seizure operations. Generally section 22 of the Criminal Procedure Act provides for warrantless search and seizure operations when a police official has a reasonable suspicion that a search warrant will be issued to him and that a delay in obtaining such a warrant would defeat the object of the search. Warrantless searches are important for the prevention of crime, but recent case law has suggested that there has been a progressive shift towards protecting the right to privacy of the individual subjected to warrantless searches, since there are a number of laws besides section 22 that regulate warrantless searches and which have been declared to be constitutionally invalid. This article seeks to demonstrate that the current regulatory framework for warrantless searches should be reviewed in order to protect the legitimacy of the police as well as the dignity and privacy of the citizens of South Africa.

scholarly journals The right to basic education for all in South Africa: Implications for school principals

2017 ◽  
Vol 82 (3) ◽  
Author(s):  
Ramodikoe Marishane
Keyword(s):  
South Africa ◽  
School Leadership ◽  
School Environment ◽  
School Safety ◽  
Basic Education ◽  
The State ◽  
Quality Education ◽  
Three Dimensions ◽  
Policy Framework ◽  
The Right

It is now globally accepted that all children have the right to basic education as a fundamental human right. This right must not only be guaranteed, but also fulfilled holistically to meet all children’s educational needs. This occurs when its three dimensions, namely access, quality and safe conditions are equally addressed. In other words, the right to basic education is fulfilled when all children have access to quality education in a safe school environment. For this reason, the state has a duty to promote and protect this right entirely. In South Africa, the state has put in place a legislative and policy framework to meet its obligation in this regard. However, despite the state’s efforts in creating child-friendly school conditions, children in schools still experience challenges that negatively impinge upon their educational rights. Such challenges include school dropout, grade repetition together with poor academic performance and achievement. The problem is rooted in the disconnection between access to education, school safety and quality education, putting the spotlight on the school principal’s leadership. This paper concludes that refocusing on the application of the school leadership theory has the potential to reduce the problem.

scholarly journals Developing an Efficient and Effective Social Security Adjudication Framework in South Africa

2015 ◽  
Vol 1 (1) ◽  
pp. 59-89
Author(s):  
Mathias Nyenti
Keyword(s):  
South Africa ◽  
Social Security ◽  
South African ◽  
Social Security System ◽  
Security System ◽  
Policy Framework ◽  
Access To Justice ◽  
Recent Reform ◽  
Guidelines And Standards ◽  
The Right

South Africa is currently developing an overarching policy framework for effi-cient and effective resolution of social security disputes as part of reforms towards the establishment of a comprehensive social security system. In the development of the policy, international and regional guidelines and standards on access to justice were instrumental as they are benchmarks on the scope and content of the right of access to courts for social security claimants and the State’s obligations in this regard. This article outlines some international guidelines and standards relevant to the realisation of access to justice for social security claimants; and their role in recent reform initiatives that have been undertaken to promote access to justice in the South African social security system.

scholarly journals THE RIGHT TO PRIVACY AND DRUG-TESTING IN SPORT IN SOUTH AFRICA: COULD THE NEW ZEALAND CASE OF CROPP V JUDICIAL COMMITTEE PROVIDE SOME GUIDANCE?

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Jean Wilké
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Drug Testing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Republic ◽  
The Right

This article examines the right to privacy of athletes who are required to submit to drug tests. In South Africa, the right to privacy of an athlete with regard to drugtesting has not been challenged in the courts. However, the courts in New Zealand have had an opportunity to examine the right to privacy of an athlete in terms of drugtesting in sport. Therefore, the article discusses whether the decision in the NewZealand case of Cropp v Judicial Committee may provide some guidance to South African courts in the adjudication of whether the infringement and the limitation on the right to privacy in the context of drug-testing in sport can be reasonable and justified and concludes that such infringement may be reasonable and justified if a court is to consider a limitation of the right to privacy in terms of section 36 of the Constitution of the Republic of South Africa, 1996 as well as consent and safety.

Protection of Personal Information Act 2013 and data protection for health research in South Africa

2020 ◽  
Vol 10 (2) ◽  
pp. 160-179
Author(s):  
Ciara Staunton ◽  
Rachel Adams ◽  
Dominique Anderson ◽  
Talishiea Croxton ◽  
Dorcas Kamuya ◽  
...  
Keyword(s):  
South Africa ◽  
Data Protection ◽  
Health Research ◽  
Personal Information ◽  
Right To Privacy ◽  
Informational Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right ◽  
The Impact

Abstract The Protection of Personal Information Act (POPIA) [No.4 of 2013] is the first comprehensive data protection regulation to be passed in South Africa and it gives effect to the right to informational privacy derived from the constitutional right to privacy It is due to come into force in 2020, and seeks to regulate the processing of personal information in South Africa, regulate the flow of personal information across South Africa’s borders, and ensure that any limitations on the right to privacy are justified and aimed at protecting other important rights and interests. Although it was not drafted with health research in mind, POPIA will have an impact on the sharing of health data for research, in particular biorepositories. It is now timely to consider the impact of POPIA on biorepositories, and the necessary changes to their access and sharing arrangements prior to POPIA coming into force.

Revising spousal testimonial privilege and marital communications privilege in South African criminal procedure: Is abolition or extension the answer? Part 2

2020 ◽  
Vol 33 (3) ◽  
pp. 598-616
Author(s):  
Samantha Goosen ◽  
Nicci Whitear-Nel
Keyword(s):  
South Africa ◽  
South African ◽  
Marital Relationships ◽  
Current Form ◽  
The Right To Privacy ◽  
European Court ◽  
Before And After ◽  
African Context ◽  
The Right ◽  
Testimonial Privilege

Although South Africa has not directly grappled with whether to extend the protection of the marital privileges to cohabitant life partners, Canada has. The ‘marital privileges’ refer to spousal testimonial privilege and marital communications privilege, collectively, in this article. In 2015, the Canadian legislature abolished spousal testimonial privilege. The marital communications privilege has been retained, and the Canadian courts have considered whether to extend it to cohabitant life partners or abolish it. To gain perspective on whether the marital privileges in South Africa should be retained but reformed, the authors discuss the position in Canada, a constitutionally comparable democracy. The authors consider the scope and applicability of the marital privileges before and after the 2015 Canadian amendments,1 which abrogated spousal testimonial privilege. The authors discuss the abrogation of spousal testimonial privilege in Canada and consider its relevance in the South African context. Also considered is why the marital communications privilege has been retained. This research suggests that while the central rationale for retaining the marital communications privilege is to foster marital relationships and protect the right to privacy, the rationale of dignity also plays a key role. The authors also consider the decision of the European Court of Human Rights dealing with marital communications privilege in The Netherlands. Finally, it will be submitted that whichever view one takes, the marital privileges in South Africa should not be retained in their current form.

scholarly journals A Selection of Constitutional Perspectives on Human Kidney Sales

2017 ◽  
Vol 16 (1) ◽  
pp. 351
Author(s):  
Bonnie Venter
Keyword(s):  
Human Kidney ◽  
Case Law ◽  
Healthcare Services ◽  
Careful Consideration ◽  
Self Determination ◽  
Kidney Donors ◽  
The Right To Privacy ◽  
The Right ◽  
Right Of Access ◽  
Selection Of

There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.

scholarly journals A survey on the attitude of college students to the privacy right as opposed to the right to know

2020 ◽  
Vol 11 (3) ◽  
pp. 1-8
Author(s):  
Nader Ghotbi
Keyword(s):  
College Students ◽  
Information And Communication Technologies ◽  
Single Mother ◽  
Right To Know ◽  
Actual Case ◽  
The Right To Privacy ◽  
The Right To Know ◽  
Information And Communication ◽  
The Right ◽  
Privacy And Confidentiality

There are times when two essential human rights may appear to be in conflict, or need to be balanced against one another. This paper examines the right of a party, such as officials, a group of people or an individual, to ‘privacy and confidentiality’ when others may have a conflicting ‘right to know’ about them. Although similar conflicts have been studied by other researchers, there is still controversy over the rightful balance in situations driven by new information and communication technologies. I conducted a survey on the attitude of college students to the privacy right versus the right to know using an actual case at the university. First, I asked the students if they believed protecting the privacy of a married teacher who had fathered a child with a student was more important than the right of the school to know. Second, I asked if they believed a child born to a single mother in such a relationship has the right to know about his father, or the single mother has the right to keep that information confidential. Third, I asked the students if they believed in general that the ‘right to privacy and confidentiality’ was more important or the ‘right to know’. This paper reports on the results of this survey on 222 students at an international university in Japan.

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