107
views
0
recommends
+1 Recommend
1 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      The constitutional influence on organ transplants with specific reference to organ procurement

      research-article

      Read this article at

      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a system of opting-in, presumed consent, required request, required response, the sale of organs, and organ procurement from prisoners. It is argued, in view of the acute shortage of organs, that the various organ procurement methods are in need of review in the context of the question of whether they are acceptable and sustainable within the constitutional framework. To this end, the article deals with the application, limitation and interpretation of the rights in the Bill of Rights and its interface with the various organ procurement methods in the context of a discussion of applicable legislation and relevant case law. It is argued that a constitutional analysis of the topic is indicative that the State has indeed failed to provide a proper or satisfactory legislative and regulatory framework to relieve the critical shortage of human organs available for transplantation, by ultimately failing to uphold the applicable constitutional rights and values as discussed.

          Related collections

          Most cited references48

          • Record: found
          • Abstract: not found
          • Article: not found

          Home page

          L. James (2024)
            Bookmark
            • Record: found
            • Abstract: not found
            • Article: not found

            Home Page

              Bookmark
              • Record: found
              • Abstract: not found
              • Article: not found

              Constitutional Law of South Africa

                Bookmark

                Author and article information

                Contributors
                Role: ND
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom )
                1727-3781
                January 2014
                : 17
                : 1
                : 207-612
                Affiliations
                [1 ] University of Pretoria
                Article
                S1727-37812014000100006
                e28e0e35-4158-47d4-ac4a-4624bc5cedd0

                http://creativecommons.org/licenses/by/4.0/

                History
                Product

                SciELO South Africa

                Self URI (journal page): http://www.scielo.org.za/scielo.php?script=sci_serial&pid=1727-3781&lng=en
                Categories
                Law

                General law
                Organ procurement methods,organ transplants,organ shortage,opting-in,presumed consent,required request,required response,the sale of organs,organ procurement from prisoners,Constitution,Bill of Rights,constitutional values,interpretation,limitation,national legislation,case law,bioethics,equality,autonomy,dignity,privacy

                Comments

                Comment on this article