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eBook details

• Title: Some Consent and Confidentiality Issues Regarding the Application of the Choice on Termination of Pregnancy Act to Girl-Children (Report)
• Author : South African Journal of Bioethics and Law
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 285 KB

Description

The Choice on Termination of Pregnancy Act (1) (hereafter referred to as the Choice Act) allows a female of any age to consent to a termination of pregnancy. (2) There are, however, other statutes, such as the recently repealed Child Care Act (3) and the Children's Act (4) which came fully into force on 1 April 2010, (5) that provide for different ages of consent by children for medical and surgical procedures. The result is that doctors are not always certain whether young girls are legally capable of giving a proper informed consent for associated procedures when undergoing a termination of pregnancy. Similarly, the Criminal Law (Sexual Offences and Related Matters) Amendment Act (6) (hereafter referred to as the Sexual Offences Act), which imposes a duty to report sexual offences against children, seems to undermine the girl patient's right to confidentiality. As a result medical practitioners face a number of dilemmas regarding issues of consent and confidentiality when young girls seek terminations of pregnancy. In terms of consent, at what age are girls able to give an informed consent to procedures associated with a termination of pregnancy? Previously, before the Children's Act (4) became fully operational on 1 April 2010, (5) the question in terms of the now repealed Child Care Act (3) was: May a girl who is under 14 years of age consent to medical treatment (e.g. a blood transfusion) in respect of a termination of pregnancy without the assistance of her parent or guardian? May a girl who is under 18 years of age consent to a surgical operation (e.g. the surgical removal of a defective fetus) without the assistance of her parent or guardian? Now that the Children's Act (4) is fully operational, (5) the question is: Will a girl-child under 12 years of age, who is sufficiently mature and mentally capable, be able to consent to medical treatment in respect of her termination of pregnancy without the consent of her parent or guardian? Will such a girl be able to consent to a surgical procedure during a termination of pregnancy without the assistance of her parent or guardian?

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