ISSN: 1996-2126
Affiliations: Attorney and Notary of the High Court of South Africa; Lecturer, Department of Public Law, University of Cape Town
Source: South African Journal on Human Rights, Volume 30 Issue 3, 2014, p. 555 – 571
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ISSN: 1996-2126
Affiliations: Deputy Director, Centre for Applied Legal Studies, University of the Witwatersrand
Source: South African Journal on Human Rights, Volume 30 Issue 3, 2014, p. 543 – 554
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ISSN: 1996-2126
Affiliations: Senior Lecturer, School of Law, University of the Witwatersrand
Source: South African Journal on Human Rights, Volume 30 Issue 3, 2014, p. 526 – 542
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ISSN: 1996-2126
Affiliations: Admitted Attorney of the High Court of South Africa and Lecturer in the Department of Criminal and Procedural Law at the University of South Africa
Source: South African Journal on Human Rights, Volume 30 Issue 3, 2014, p. 508 – 525
The interplay between the constitutional right to privacy and the right to access to information constitute the parameters within which the issue of access to a child’s medical records is explored. The Children’s Act and the National Health Act provide for confidentiality pertaining to medical records and encourage participation in decisions affecting an individual’s health. The question arises whether existing legislation has been amended to support this right to confidentiality. An inquiry is done to establish if this right to confidentiality entails that the child is vested with the right to refuse access to his/her medical records? Current legislative provisions regulating this issue do not provide a clear answer. Recommendations are made for legislative amendments to bring clarity on this issue and to ensure that the child’s right to privacy in the health-care context is optimally protected.
ISSN: 1996-2126
Affiliations: Institute of Development and Labour Law, Faculty of Law, University of Cape Town; None
Source: South African Journal on Human Rights, Volume 30 Issue 3, 2014, p. 484 – 507
The workplace is an important site of struggle for equality, a struggle mediated by the provisions of the Employment Equity Act. It is within the context of this regulatory framework for both formal and substantive equality, that this article is located. Through the lens of selected case law, the article explores certain barriers to transformation imposed both by the provisions of the law and by poor judicial interpretations and implementation thereof. It identifies and analyses various legal complexities, lacunae and anomalies, as well as concerns regarding aspects of the judiciary’s approach to remedies in matters with the potential to impact on workplace transformation. The article concludes with proposals for possible future considerations by the courts, which might better promote race and gender transformation.