Research Articles (Constitutional Law and Philosophy of Law)
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Browsing Research Articles (Constitutional Law and Philosophy of Law) by Author "De Freitas, S. A."
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Item Open Access A critical retrospection regarding the legality of abortion in South Africa(Faculty of Law, University of the Free State, 2005) De Freitas, S. A.English: Abortion touches at the heart of the commencement of life, and therefore has to be approached accordingly. In this article, the South African jurisprudential debate on the legality of abortion, including the judgment in Christian Lawyers Association of SA v Minister of Health and the Choice on Termination of Pregnancy Act, is critically investigated. In conclusion, a proposed point of departure is postulated, with the aim of shedding more light on foetal status. In this regard, it is argued that, as part of the primary enquiry, morality and science, with special emphasis on fertilization, will have to play a more integral role.Item Open Access The unborn and A, B, & C v Ireland: chronicles(Faculty of Law, University of the Free State, 2010-06) De Freitas, S. A.; Myburgh, G. A.A, B, and C v Ireland (ABC-case) arose from an application lodged on 15 July 2005 to the European Court of Human Rights, which was directly referred to the Grand Chambers (thus indicating the importance of the case) for a hearing which commenced on 9 December 2009. The complaints were briefly the following: the third applicant complained that the restriction on abortion, and the lack of clear legal guidelines regarding the circumstances in which a woman may have an abortion to save her life, infringed upon her right to life under Article 2 of the European Convention on Human Rights.