Research Articles (Law of Procedure and Law of Evidence)

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Browsing Research Articles (Law of Procedure and Law of Evidence) by Author "Oosthuizen, H."

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    Are the rights of the disabled a reality in South Africa? Part two
    (Faculty of Law, University of the Free State, 2004-06) Reyneke, J. M.; Oosthuizen, H.
    English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied persons, but on the other hand there are many disabled persons who are unable to do so due to the nature and severity of their disabilities. Discrimination against disabled persons lead to the exclusion of them to function in a normal way in the community and the denial of their rights and to function freely in society. Legislation can assist in the prevention of discrimination against such persons and also in their upliftment.
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    Dying to starve: a comparative analysis of legal aspects relating to consent in force-feeding of both minor and adult anorexic patients
    (Faculty of Law, University of the Free State, 2010-12) Karels, M. G.; Oosthuizen, H.
    English: The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the distinction between 'irrational' and 'incompetent' refusal will be discussed, with the authors maintaining that the 'irrational' refusal of an adult patient should be respected by the law. To come to an informed conclusion, the authors will first analyse the medical and psychological aspects of anorexia nervosa. Secondly, the South African position as shaped by the Mental Health Care Act, the Children's Act and the National Health Act will be contrasted with the position in Great Britain in order to determine the international perspective and its contrast, or not, to South African law.