Straf- en geneeskundigregtelike ondersoek na die statutêre oortredings verbandhoudend met sekere reproduktiewe mediese prosedures

[摘要] English: The different statutory offences applicable to surrogacy and the termination of pregnancies are identified in order to contribute to the efficient lecturing of medical law as independant field of study to law and medical students. In the light of the challenges facing the criminal justice system and the health care system in South Africa, inter alia due to a lack of means, the question is posed whether the criminilization of acts applicable to reproductive medical procedures should or could be meaningfully dealt with within the present criminal justice system. The composition of the health care system in South Africa and the medical ethical obligations as contained in the National Health Act 61 of 2003 are explained with the Constitution of South Africa in mind. Together herewith the role of the Health Professions Council of South Africa in its dealing of contraventions by its members is enunciated. The medical ethical principles are discussed with reference to the well-known four pillars of medical ethics in order to ascertain their applicability in evaluating the lawfulness of the conduct of the health care worker. The practical application of the ethical rules in the execution of surrogate agreements and termination of pregnancies are discussed with reference to the legal position in countries inter alia such as the United States of America and England. The applicable legislation is evaluated against the backdrop of the principle of legality. In view of the failure of the legislature to apply the principle of legality in several sections of the Children‟s Act 38 of 2005, the National Health Act 61 of 2003 and the Choice of Termination of Pregnancy Act 92 of 1996, the purpose of the legislature is discussed and recommendations are made for the amendment thereof.

[发布机构] University of the Free State