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South African Journal of Bioethics and Law
Article . 2016 . Peer-reviewed
Data sources: Crossref
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South African Journal of Bioethics and Law
Article
License: CC BY NC
Data sources: UnpayWall
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The right to physical integrity and informed refusal: Just how far does a patient’s right to refuse medical treatment go?

Authors: Nienaber, A.G. (Annelize Gertruida); Bailey, K.N.;

The right to physical integrity and informed refusal: Just how far does a patient’s right to refuse medical treatment go?

Abstract

The article presents a legal analysis of the right to physical integrity as guaranteed by the South African Constitution, 1996, and the subsequent right of a competent adult person to refuse medical treatment under South African law. We consider whether the right to refuse treatment is an absolute right and very briefly reflect on the application of the constitutional limitations clause to this right. Instances in which patients’ right to physical integrity is limited by factors, which detract from (patient) autonomy, are considered: these represent a limitation of their right to refuse medical treatment. We conclude that forced medical interventions, for the most part, are not desirable but, indeed, necessary in some narrowly defined circumstances. When a person makes a decision to refuse a medical intervention, which may seem unusual or may be perceived as irrational, it does not mean that person does not warrant the protection of the constitution and the courts. Provided that the patient makes an informed refusal while of sound mind, generally there is no reason to discredit his/her decision, difficult as it may be for others to accept. At all times the right to bodily integrity is pivotal in any health-related context and should not be lightly disregarded.

Country
South Africa
Related Organizations
Keywords

Protection, R723-726, Right to physical integrity, Medical philosophy. Medical ethics, R, Medical legislation, K3601-3611, Constitution, Medicine, Medical treatment

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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gold