Involuntary contraceptive sterilisation of women in South Africa and the criminal law
The Sterilisation Act 44 of 1998 prohibits sterilisations without informed consent. Despite its enactment, people are being involuntarily sterilised in South Africa and women are reportedly disproportionately affected by this practice. An involuntary sterilisation violates a number of human rights a...
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| Format: | Journal article |
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Juta and Company (Pty) Ltd
2016
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| _version_ | 1826259976246525952 |
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| author | Pickles, C |
| author_facet | Pickles, C |
| author_sort | Pickles, C |
| collection | OXFORD |
| description | The Sterilisation Act 44 of 1998 prohibits sterilisations without informed consent. Despite its enactment, people are being involuntarily sterilised in South Africa and women are reportedly disproportionately affected by this practice. An involuntary sterilisation violates a number of human rights and is recognised as a form of gender-based violence. On this basis, the article emphasises the role of the state to investigate and prosecute instances of involuntary sterilisations. It identifies s 9, read together with ss 2 and 4 of the Sterilisation Act 44 of 1998 and the common-law crime of assault as relevant crimes being perpetrated when a woman is involuntarily sterilised and considers when and how each crime is applicable. The article also recognises the complexity of consent-acquiring practices in the context of reproductive health care and considers criminal liability of different health care providers in relation to refusal to consent, coercion and signed consent forms. These issues need increased consideration because, to date, no health care provider has been held criminally liable for treatment without consent and there is no reported case law demonstrating how to apply criminal-law principles to this area of concern. |
| first_indexed | 2024-03-06T18:58:20Z |
| format | Journal article |
| id | oxford-uuid:12a74baa-16ef-4e5f-a9f6-d071b3371e48 |
| institution | University of Oxford |
| last_indexed | 2024-03-06T18:58:20Z |
| publishDate | 2016 |
| publisher | Juta and Company (Pty) Ltd |
| record_format | dspace |
| spelling | oxford-uuid:12a74baa-16ef-4e5f-a9f6-d071b3371e482022-03-26T10:09:05ZInvoluntary contraceptive sterilisation of women in South Africa and the criminal lawJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:12a74baa-16ef-4e5f-a9f6-d071b3371e48Symplectic Elements at OxfordJuta and Company (Pty) Ltd2016Pickles, CThe Sterilisation Act 44 of 1998 prohibits sterilisations without informed consent. Despite its enactment, people are being involuntarily sterilised in South Africa and women are reportedly disproportionately affected by this practice. An involuntary sterilisation violates a number of human rights and is recognised as a form of gender-based violence. On this basis, the article emphasises the role of the state to investigate and prosecute instances of involuntary sterilisations. It identifies s 9, read together with ss 2 and 4 of the Sterilisation Act 44 of 1998 and the common-law crime of assault as relevant crimes being perpetrated when a woman is involuntarily sterilised and considers when and how each crime is applicable. The article also recognises the complexity of consent-acquiring practices in the context of reproductive health care and considers criminal liability of different health care providers in relation to refusal to consent, coercion and signed consent forms. These issues need increased consideration because, to date, no health care provider has been held criminally liable for treatment without consent and there is no reported case law demonstrating how to apply criminal-law principles to this area of concern. |
| spellingShingle | Pickles, C Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title | Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title_full | Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title_fullStr | Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title_full_unstemmed | Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title_short | Involuntary contraceptive sterilisation of women in South Africa and the criminal law |
| title_sort | involuntary contraceptive sterilisation of women in south africa and the criminal law |
| work_keys_str_mv | AT picklesc involuntarycontraceptivesterilisationofwomeninsouthafricaandthecriminallaw |