Pub Date : 2021-08-16DOI: 10.7196/SAJBL.2021.v14i2.781
A. Dhai
{"title":"To vaccinate or not to vaccinate: Mandatory COVID-19 vaccination in the workplace","authors":"A. Dhai","doi":"10.7196/SAJBL.2021.v14i2.781","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.v14i2.781","url":null,"abstract":"","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"42-43"},"PeriodicalIF":0.9,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45559822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-16DOI: 10.7196/SAJBL.2021.V14I2.00744
A. K. Fayemi
Principlism has attracted severe criticisms in contemporary bioethical scholarship. Scholars working in bioethics in the sub-Sahara have challenged the autonomy component of principlism, with strong emphasis on solidarity as a more fundamental principle that ought to guide bioethical discourses and practices in Africa and beyond. Focusing on Kevin Gary Behrens, who defends an indigenous Africaninspired version of principlism that incorporates salient African moral values including community, relationality, harmony and solidarity, this article questions the nebulous conception of solidarity in Behrens’ African modified principlism (AMP). AMP is anchored in the principles of respect for persons, beneficence, non-maleficence and harmony. Contra Behrens, I argue that the attempt to replace the American principlist model ‘with a new African-inspired principlist mantra’ can only succeed when there is a thorough analysis of the nature and boundaries of solidarity, which is currently lacking. Advancing on Thaddeus Metz’s construction of solidarity in his ‘Afro-bioethic of communion’, I defend a metaphoric normative conception of solidarity that represents historical symbols of the self and the other in a reflexive-care matrix of identification, recognition, inclusion and empathy. Beyond the partialist frame grounding the understanding of solidarity in African bioethical thought, which is inadequate, I offer a metaphoric, sympathetic and unbound space of solidarity. Suggested for future research is investigating the ranging implications of a metaphoric normative understanding of solidarity for dealing with vulnerable and non-vulnerable groups in the context of healthcare and environmental bioethics at the local, regional and global levels.
原则主义在当代生物伦理学学术中受到了严厉的批评。撒哈拉以南地区从事生物伦理学研究的学者对原则主义的自治部分提出了挑战，他们强烈强调团结是一项更基本的原则，应该指导非洲及其他地区的生物伦理学论述和实践。凯文·加里·贝伦斯(Kevin Gary Behrens)为一种非洲本土启发的原则主义辩护，这种原则主义融合了突出的非洲道德价值观，包括社区、关系、和谐和团结。本文对贝伦斯的非洲修正原则主义(AMP)中模糊的团结概念提出了质疑。AMP以尊重人、仁慈、无害和和谐的原则为基础。与贝伦斯相反，我认为，只有对团结的性质和边界进行彻底的分析，才能成功地“用一种新的非洲原则主义咒语”取代美国原则主义模式，而这正是目前所缺乏的。在梅茨(Thaddeus Metz)的《非洲生物伦理的共融》(african - bioethics of communion)中对团结的构建的基础上，我为团结的隐喻性规范概念辩护，该概念代表了自我和他人在认同、认可、包容和共情的反身性关怀矩阵中的历史符号。在对非洲生物伦理思想中团结的理解的片面框架之外，这是不充分的，我提供了一个隐喻性的，同情的和不受约束的团结空间。建议未来的研究是调查在地方、区域和全球各级的卫生保健和环境生物伦理背景下，对团结的隐喻性规范理解对处理弱势群体和非弱势群体的广泛影响。
{"title":"Reconsidering solidarity in an African modified principlism","authors":"A. K. Fayemi","doi":"10.7196/SAJBL.2021.V14I2.00744","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I2.00744","url":null,"abstract":"Principlism has attracted severe criticisms in contemporary bioethical scholarship. Scholars working in bioethics in the sub-Sahara have challenged the autonomy component of principlism, with strong emphasis on solidarity as a more fundamental principle that ought to guide bioethical discourses and practices in Africa and beyond. Focusing on Kevin Gary Behrens, who defends an indigenous Africaninspired version of principlism that incorporates salient African moral values including community, relationality, harmony and solidarity, this article questions the nebulous conception of solidarity in Behrens’ African modified principlism (AMP). AMP is anchored in the principles of respect for persons, beneficence, non-maleficence and harmony. Contra Behrens, I argue that the attempt to replace the American principlist model ‘with a new African-inspired principlist mantra’ can only succeed when there is a thorough analysis of the nature and boundaries of solidarity, which is currently lacking. Advancing on Thaddeus Metz’s construction of solidarity in his ‘Afro-bioethic of communion’, I defend a metaphoric normative conception of solidarity that represents historical symbols of the self and the other in a reflexive-care matrix of identification, recognition, inclusion and empathy. Beyond the partialist frame grounding the understanding of solidarity in African bioethical thought, which is inadequate, I offer a metaphoric, sympathetic and unbound space of solidarity. Suggested for future research is investigating the ranging implications of a metaphoric normative understanding of solidarity for dealing with vulnerable and non-vulnerable groups in the context of healthcare and environmental bioethics at the local, regional and global levels.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"50-54"},"PeriodicalIF":0.9,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48823753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00698
Abigail Wilkinson, C. Slack, C. Crews, N. Singh, J. Salzwedal, D. Wassenaar
Background. All health researchers in South Africa (SA) are explicitly encouraged by the ethicolegal framework to engage stakeholders meaningfully in their research. Research ethics committees (RECs) have a role to play in shaping researchers’ practices in this regard, but very little research has explored how RECs might best achieve this. Objectives. To explore whether SA REC documents are prompting researchers to plan sound stakeholder engagement in health research. Methods. We reviewed publicly available documents of RECs registered with the SA National Health Research Ethics Council. Of the 46 registered RECs as of November 2019, the documents of 37 were publicly accessible. These comprised 72 documents (e.g. standard operating procedures and application forms). We coded these according to ethical reasons mentioned for engagement, stakeholders and strategies highlighted for engagement. We used semantic coding, staying close to the actual wording of REC documents. We utilised thematic analysis to identify key themes. Results. We found that many REC documents encouraged researchers to plan engagement in a way that resonates with ethics guidance (theme 1: ‘encouraging sound engagement’). However, we found many wasted opportunities in this regard (theme 2: ‘missing opportunities’). For some RECs, there was little harmonisation across their key documents regarding this important issue (theme 3: ‘moving towards harmonisation’). Conclusion. In the short term, we recommend that RECs should amend their application forms in particular to better ‘trigger’ researchers to thoughtfully plan sound stakeholder engagement. In the longer term, we recommend that RECs’ documents be better harmonised internally regarding their stance on stakeholder engagement.
{"title":"How can research ethics committees help to strengthen stakeholder engagement in health research in South Africa? An evaluation of REC documents","authors":"Abigail Wilkinson, C. Slack, C. Crews, N. Singh, J. Salzwedal, D. Wassenaar","doi":"10.7196/SAJBL.2021.V14I1.00698","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00698","url":null,"abstract":"Background. All health researchers in South Africa (SA) are explicitly encouraged by the ethicolegal framework to engage stakeholders meaningfully in their research. Research ethics committees (RECs) have a role to play in shaping researchers’ practices in this regard, but very little research has explored how RECs might best achieve this. Objectives. To explore whether SA REC documents are prompting researchers to plan sound stakeholder engagement in health research. Methods. We reviewed publicly available documents of RECs registered with the SA National Health Research Ethics Council. Of the 46 registered RECs as of November 2019, the documents of 37 were publicly accessible. These comprised 72 documents (e.g. standard operating procedures and application forms). We coded these according to ethical reasons mentioned for engagement, stakeholders and strategies highlighted for engagement. We used semantic coding, staying close to the actual wording of REC documents. We utilised thematic analysis to identify key themes. Results. We found that many REC documents encouraged researchers to plan engagement in a way that resonates with ethics guidance (theme 1: ‘encouraging sound engagement’). However, we found many wasted opportunities in this regard (theme 2: ‘missing opportunities’). For some RECs, there was little harmonisation across their key documents regarding this important issue (theme 3: ‘moving towards harmonisation’). Conclusion. In the short term, we recommend that RECs should amend their application forms in particular to better ‘trigger’ researchers to thoughtfully plan sound stakeholder engagement. In the longer term, we recommend that RECs’ documents be better harmonised internally regarding their stance on stakeholder engagement.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"6"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45697864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00728
B. Shozi
In only the second case dealing with posthumous conception in South Africa – Ex Parte SN – a woman approached the High Court seeking an urgent order allowing her to have sperm removed from the body of her comatose husband, so that she could use it for reproductive purposes after his death. This raised two separate legal issues: ( i ) whether gamete removal may occur where the person from whom the gametes are being removed is unable to consent; and ( ii ) whether gametes removed in this way could be used for posthumous conception. The court held that the woman was allowed to have the gametes removed, but did not engage with whether she could use them for posthumous reproduction. The court did not provide reasons, as this case was determined on an urgent basis. This article provides a background to this case, and analyses the main arguments surrounding each of these legal issues. It concludes that the law allows that a person who has the authority to give consent to health services on the comatose patient’s behalf may also give consent to gamete removal. However, whether these gametes may then be used for posthumous conception should be determined by a court, by balancing the various rights and legal interests at play. Three criteria that should guide a court’s determination in cases of posthumous conception are provided.
{"title":"Legal issues in posthumous conception using gametes removed from a comatose male: The case of Ex Parte SN","authors":"B. Shozi","doi":"10.7196/SAJBL.2021.V14I1.00728","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00728","url":null,"abstract":"In only the second case dealing with posthumous conception in South Africa – Ex Parte SN – a woman approached the High Court seeking an urgent order allowing her to have sperm removed from the body of her comatose husband, so that she could use it for reproductive purposes after his death. This raised two separate legal issues: ( i ) whether gamete removal may occur where the person from whom the gametes are being removed is unable to consent; and ( ii ) whether gametes removed in this way could be used for posthumous conception. The court held that the woman was allowed to have the gametes removed, but did not engage with whether she could use them for posthumous reproduction. The court did not provide reasons, as this case was determined on an urgent basis. This article provides a background to this case, and analyses the main arguments surrounding each of these legal issues. It concludes that the law allows that a person who has the authority to give consent to health services on the comatose patient’s behalf may also give consent to gamete removal. However, whether these gametes may then be used for posthumous conception should be determined by a court, by balancing the various rights and legal interests at play. Three criteria that should guide a court’s determination in cases of posthumous conception are provided.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"28"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41971748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00716
J. Toohey, A. Strode
HIV remains a leading cause of death globally, with adolescents continuing to be one of the most at-risk population groups. Effective public health responses require an enabling legal environment to facilitate adolescent access to HIV prevention tools. South Africa (SA) is a good case study of a country with legislative reforms supporting public health HIV prevention programmes. A desktop review was conducted of relevant SA laws compared with key international norms such as age of independent consent and the right to confidentiality. This article reflects on whether the SA legal framework is a facilitator or barrier to adolescent access to key HIV prevention services such as HIV testing and HIV education. The findings indicate a clear recognition of evolving capacity and the inclusion of protections aimed at enhancing decisionmaking. International legal norms are, however, scattered, and not comprehensive enough to inform certain national policy choices. As such, developing a coherent approach to the evolving capacity and protection relating to age-appropriate decision-making can be a challenge for states legislating on adolescent access to HIV prevention interventions. This article highlights the fact that SA has largely created an enabling legal environment for adolescent access to HIV prevention. Nevertheless, there are a number of weaknesses in the SA legal framework, such as the divergent approaches between criminal and civil law regarding sexual activity among adolescents. It is recommended that further research be conducted on legal reform toward a coherent approach to support adolescent access to HIV prevention services.
{"title":"A critical review of the South African legal framework on adolescent access to HIV prevention interventions","authors":"J. Toohey, A. Strode","doi":"10.7196/SAJBL.2021.V14I1.00716","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00716","url":null,"abstract":"HIV remains a leading cause of death globally, with adolescents continuing to be one of the most at-risk population groups. Effective public health responses require an enabling legal environment to facilitate adolescent access to HIV prevention tools. South Africa (SA) is a good case study of a country with legislative reforms supporting public health HIV prevention programmes. A desktop review was conducted of relevant SA laws compared with key international norms such as age of independent consent and the right to confidentiality. This article reflects on whether the SA legal framework is a facilitator or barrier to adolescent access to key HIV prevention services such as HIV testing and HIV education. The findings indicate a clear recognition of evolving capacity and the inclusion of protections aimed at enhancing decisionmaking. International legal norms are, however, scattered, and not comprehensive enough to inform certain national policy choices. As such, developing a coherent approach to the evolving capacity and protection relating to age-appropriate decision-making can be a challenge for states legislating on adolescent access to HIV prevention interventions. This article highlights the fact that SA has largely created an enabling legal environment for adolescent access to HIV prevention. Nevertheless, there are a number of weaknesses in the SA legal framework, such as the divergent approaches between criminal and civil law regarding sexual activity among adolescents. It is recommended that further research be conducted on legal reform toward a coherent approach to support adolescent access to HIV prevention services.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"16"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44994310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00756
C. Staunton
{"title":"ACT-Accelerator data governance framework: Balancing individual rights with the public interest in responding to COVID-19","authors":"C. Staunton","doi":"10.7196/SAJBL.2021.V14I1.00756","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00756","url":null,"abstract":"","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"4"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44934404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00696
A. Strode, C. Badul
It is uncontroversial that no form of treatment, including a surgical operation, can be undertaken without the consent of the patient/proxy. The Children’s Act deals expressly with consent to ‘surgical operations’ on children. Section 129 creates a framework based on the principles of child participation and protection. Nevertheless, obtaining consent from children remains complex: firstly, children are legal minors and have limited capacity to act independently. Secondly, there may be risks or longer-term consequences of surgery that distinguish it from medical treatment. Third, a child’s capacity to understand risks is not static: it evolves with age, and limited tools exist to access capacity. Fourth, there are at least three parties to the consent procedure – the child, the parent/guardian and the medical practitioner, all of whom may have different interests. Fifth, in some instances there is the added complication of child parents who need to provide consent for their own child. This article aims to provide guidance to surgeons and other medical practitioners performing surgery on children. It does this through setting out the legal norms relating to child consent to an operation. It critically examines the pro forma consent forms (forms 34 and 35) found in the regulations issued in terms of the Children’s Act that are to be used to document the consent process, and identifies key gaps and weaknesses. It concludes with recommendations for the adaptation of these forms through the use of a checklist to ensure that all the requirements for valid consent are documented, protecting children and medical practitioners.
{"title":"Forms to capture child consent to surgical procedures: Time to focus on function rather than form","authors":"A. Strode, C. Badul","doi":"10.7196/SAJBL.2021.V14I1.00696","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00696","url":null,"abstract":"It is uncontroversial that no form of treatment, including a surgical operation, can be undertaken without the consent of the patient/proxy. The Children’s Act deals expressly with consent to ‘surgical operations’ on children. Section 129 creates a framework based on the principles of child participation and protection. Nevertheless, obtaining consent from children remains complex: firstly, children are legal minors and have limited capacity to act independently. Secondly, there may be risks or longer-term consequences of surgery that distinguish it from medical treatment. Third, a child’s capacity to understand risks is not static: it evolves with age, and limited tools exist to access capacity. Fourth, there are at least three parties to the consent procedure – the child, the parent/guardian and the medical practitioner, all of whom may have different interests. Fifth, in some instances there is the added complication of child parents who need to provide consent for their own child. This article aims to provide guidance to surgeons and other medical practitioners performing surgery on children. It does this through setting out the legal norms relating to child consent to an operation. It critically examines the pro forma consent forms (forms 34 and 35) found in the regulations issued in terms of the Children’s Act that are to be used to document the consent process, and identifies key gaps and weaknesses. It concludes with recommendations for the adaptation of these forms through the use of a checklist to ensure that all the requirements for valid consent are documented, protecting children and medical practitioners.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"20"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46493370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00768
A. Dhai
{"title":"Access to COVID-19 vaccines as a global public good: A co-ordinated global response based on equality, justice and solidarity is key","authors":"A. Dhai","doi":"10.7196/SAJBL.2021.V14I1.00768","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00768","url":null,"abstract":"","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"2-3"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41903855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00703
A. Strode, W. Freedman, Z. Essack, H. Rooyen
In April 2019, Nieuwoudt et al . published an article on the impact of age and education on cognitive functioning among coloured women in the Western Cape Province, South Africa (SA). The study reported that coloured women in SA have increased risk for low cognitive functioning, as a result of limited education and unhealthy lifestyles. The article was widely criticised, and the journal subsequently withdrew the piece. It was argued that the study was unethical as it perpetuated racial stereotypes through its failure to recognise the distinction between race and ethnicity when undertaking biological research on a race group. The study had received ethical approval, which raised pertinent questions about the ethics review process. This article looks at ( i ) the role of research ethics committees (RECs); and ( ii ) the normative framework within which ethics committees operate. It avers that an understanding of the ethical issues of scientific validity, fair subject selection and minimising harms must be viewed in the light of the complex social issues surrounding the construction of coloured identity in SA. The article finds that the REC should have considered this study unapprovable, because its methodology was based on racist assumptions, and its focus on one race or ethnic group posed social risks for that community. The REC ought to have interrogated why researchers were unclear in their distinction between race and ethnicity, and have been mindful of race being a social rather than a biological construct.
{"title":"Critiquing the ethics review process in the 2019 Nieuwoudt et al. study on the impact of age and education on cognitive functioning among coloured South African women","authors":"A. Strode, W. Freedman, Z. Essack, H. Rooyen","doi":"10.7196/SAJBL.2021.V14I1.00703","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00703","url":null,"abstract":"In April 2019, Nieuwoudt et al . published an article on the impact of age and education on cognitive functioning among coloured women in the Western Cape Province, South Africa (SA). The study reported that coloured women in SA have increased risk for low cognitive functioning, as a result of limited education and unhealthy lifestyles. The article was widely criticised, and the journal subsequently withdrew the piece. It was argued that the study was unethical as it perpetuated racial stereotypes through its failure to recognise the distinction between race and ethnicity when undertaking biological research on a race group. The study had received ethical approval, which raised pertinent questions about the ethics review process. This article looks at ( i ) the role of research ethics committees (RECs); and ( ii ) the normative framework within which ethics committees operate. It avers that an understanding of the ethical issues of scientific validity, fair subject selection and minimising harms must be viewed in the light of the complex social issues surrounding the construction of coloured identity in SA. The article finds that the REC should have considered this study unapprovable, because its methodology was based on racist assumptions, and its focus on one race or ethnic group posed social risks for that community. The REC ought to have interrogated why researchers were unclear in their distinction between race and ethnicity, and have been mindful of race being a social rather than a biological construct.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"11"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49311463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-19DOI: 10.7196/SAJBL.2021.V14I1.00701
A. Donkin
The most widely voiced concern about physician-assisted suicide (PAS) and euthanasia is the risk that they pose to the wider community and the vulnerable, if legalised. No matter how well intentioned are the creators of the initial safeguards of PAS or euthanasia, there seems to be no sustainable way to maintain restrictions on them. It is pertinent, then, to examine the ways in which the legalisation of PAS or euthanasia, in their ever-broadening scope, might increase vulnerability to suicide and decrease the safety of members of a community.
{"title":"Physician-assisted suicide and euthanasia – who are the vulnerable?","authors":"A. Donkin","doi":"10.7196/SAJBL.2021.V14I1.00701","DOIUrl":"https://doi.org/10.7196/SAJBL.2021.V14I1.00701","url":null,"abstract":"The most widely voiced concern about physician-assisted suicide (PAS) and euthanasia is the risk that they pose to the wider community and the vulnerable, if legalised. No matter how well intentioned are the creators of the initial safeguards of PAS or euthanasia, there seems to be no sustainable way to maintain restrictions on them. It is pertinent, then, to examine the ways in which the legalisation of PAS or euthanasia, in their ever-broadening scope, might increase vulnerability to suicide and decrease the safety of members of a community.","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":"14 1","pages":"37"},"PeriodicalIF":0.9,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42777881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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