Browsing by Author "Pieters, Christian Rudolph Dewet"

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    Defining “sufficient maturity”: providing clarity on Section 129 of the Children’s Act
    (Stellenbosch : Stellenbosch University, 2018-03) Pieters, Christian Rudolph Dewet; Moodley, Keymanthri; Stellenbosch University. Faculty of Medicine and Health Sciences. Centre for Medical Ethics and Law.
    ENGLISH SUMMARY: It becomes increasingly clear that when one deals with a child that one is not only dealing with the child but the entities that are responsible for the child as well. One, however, becomes aware that the intention of these entities, be they bona or mala fide, may not always translate into an outcome that is inherently beneficial to the child who is the subject of medical intervention. This concern was noted by the Legislature and was addressed as best they deemed fit with the inclusion of additional rights for children in section 129 of the Children’s Act. These rights allowed the child a certain level of participation in their health care needs. However, these rights were attached to “sufficient maturity“, a phrase that finds no clarity in the Children’s Act and has been seemingly left to the discretion of the Health Care Provider that finds him/herself in the position of treating a minor. This thesis aims to provide some certainty as what the content of sufficient maturity is and perhaps more importantly how Health Care Providers can give effect to the rights of children. Furthermore, the thesis provides the psychological backdrop for evaluating children and for making certain positive assumptions as to the agency of the child in need of health care. These assumptions are developed and used in tempering the ethical, be they western or ubuntu in nature, and legal landscapes in which Health Care Providers and children find themselves. The product of this thesis is a framework that aims to assist Health Care Providers in their interactions with the child, their parents, caregivers, guardians, or community in circumstances where the nature of the interactions is almost as crucial as the help sought by the child.