Conscientious objection and legal abortion in South Africa: delineating the parameters

The purpose of this article is to delineate the scope and limitations of the exercise of the right to conscientious objection in respect of participation in abortion procedures under the Choice on Termination of Pregnancy Act. The Act is silent about the right to conscientious objection. However, section 15 of the South African Constitution in particular, implicitly accommodates conscientious objection to abortion. It is submitted that whilst the Choice on Termination of Pregnancy Act fails to provide the principles for determining the limits of the right to conscientious objection, guidance can be derived from section 36 of the Constitution. It is submitted that section 36 supports the limitation of the right to conscientious objection where maternal life or health is in serious danger or there is a medical emergency. Furthermore, it is argued that in the particular circumstances of South Africa, section 36 is also capable of supporting the imposition of a duty to at least provide the pregnant woman with information about where she might be able to obtain an abortion. It is noted that determining the parties that are entitled to conscientious objection beyond health care professionals that are immediately involved with abortion procedures can raise difficult issues. However, section 36 of the Constitution is, once again, a useful tool for resolving any difficulties in this regard

Equality for people with disabilities in the workplace: an overview of the emergence of disability as a human rights issue

In essence, the article explores the development of disability as a human rights issue with a particular focus on equality in the workplace. It draws from developments that have been taking place at the international plane as well as in other jurisdictions. Throughout, the article seeks to ultimately relate disability to the South African workplace. It is submitted that human rights jurisprudence has been slow in harnessing equality as a normative tool for overcoming prejudice and indifference in the workplace environment. However, in the last two decades or so, there has been a paradigm shift, with disability emerging as a human rights issue at international and domestic levels. The growing recognition of the concept of reasonable accommodation as a mechanism for realising equality for people with disabilities in the workplace, is one of the most promising signs of a new approach to disability

Adjudicating socio-economic rights – transforming South African society?: A response to Linda Jansen Van Rensburg’s paper

No Abstract

Developing health science students into integrated health professionals: a practical tool for learning

BACKGROUND:An integrated sense of professionalism enables health professionals to draw on relevant knowledge in context and to apply a set of professional responsibilities and ethical principles in the midst of changing work environments 12. Inculcating professionalism is therefore a critical goal of health professional education. Two multi-professional courses for first year Health Science students at the University of Cape Town, South Africa aim to lay the foundation for becoming an integrated health professional 3. In these courses a diagram depicting the domains of the integrated health professional is used to focus the content of small group experiential exercises towards an appreciation of professionalism. The diagram serves as an organising framework for conceptualising an emerging professional identity and for directing learning towards the domains of 'self as professional' 45.OBJECTIVE:This paper describes how a diagrammatic representation of the core elements of an integrated health professional is used as a template for framing course content and for organising student learning. Based on the assumption that all health care professionals should be knowledgeable, empathic and reflective, the diagram provides students and educators with a visual tool for investigating the subjective and objective dimensions of professionalism. The use of the diagram as an integrating point of reference for individual and small group learning is described and substantiated with relevant literature. CONCLUSION: The authors have applied the diagram with positive impact for the past six years with students and educators reporting that "it just makes sense". The article includes plans for formal evaluation. Evaluation to date is based on preliminary, informal feedback on the value of the diagram as a tool for capturing the domains of professionalism at an early stage in the undergraduate education of health professional students

'Issues of equity are also issues of rights': Lessons from experiences in Southern Africa

BACKGROUND: Human rights approaches to health have been criticized as antithetical to equity, principally because they are seen to prioritise rights of individuals at the expense of the interests of groups, a core tenet of public health. The objective of this study was to identify how human rights approaches can promote health equity. METHODS: The Network on Equity in Health in Southern Africa undertook an exploration of three regional case studies – antiretroviral access, patient rights charters and civic organization for health. A combination of archival reviews and stakeholder interviews were complemented with a literature review to provide a theoretical framework for the empirical evidence. RESULTS: Critical success factors for equity are the importance of rights approaches addressing the full spectrum from civil and political, through to socio-economic rights, as well as the need to locate rights in a group context. Human rights approaches succeed in achieving health equity when coupled with community engagement in ways that reinforce community capacity, particularly when strengthening the collective agency of its most vulnerable groups. Additionally, human rights approaches provide opportunities for mobilising resources outside the health sector, and must aim to address the public-private divide at local, national and international levels. CONCLUSION: Where it is clear that rights approaches are predicated upon understanding the need to prioritize vulnerable groups and where the way rights are operationalised recognizes the role of agency on the part of those most affected in realising their socio-economic rights, human rights approaches appear to offer powerful tools to support social justice and health equity

Conscientious objection and legal abortion in South Africa: delineating the parameters

The purpose of this article is to delineate the scope and limitations of the exercise of the right to conscientious objection in respect of participation in abortion procedures under the Choice on Termination of Pregnancy Act. The Act is silent about the right to conscientious objection. However, section 15 of the South African Constitution in particular, implicitly accommodates conscientious objection to abortion. It is submitted that whilst the Choice on Termination of Pregnancy Act fails to provide the principles for determining the limits of the right to conscientious objection, guidance can be derived from section 36 of the Constitution. It is submitted that section 36 supports the limitation of the right to conscientious objection where maternal life or health is in serious danger or there is a medical emergency. Furthermore, it is argued that in the particular circumstances of South Africa, section 36 is also capable of supporting the imposition of a duty to at least provide the pregnant woman with information about where she might be able to obtain an abortion. It is noted that determining the parties that are entitled to conscientious objection beyond health care professionals that are immediately involved with abortion procedures can raise difficult issues. However, section 36 of the Constitution is, once again, a useful tool for resolving any difficulties in this regard. Gewetensbeswaar en wettige vrugafdrywing in Suid-Afrika: bepaling van die grense Die oogmerk van die artikel is om die grense van die reg op gewetensbeswaar van gesondheidsdienswerkers in verband met deelname aan vrugafdrywingsprosedures ingevolge die Wet op die Keuse van Beeindiging van Swangerskap te ondersoek. Die Wet swyg oor die reg op gewetensbeswaar. 'n Reg op gewetensbeswaar teen deelname aan vrugafdrywingsprosedures is egter implisiet in artikel 15 van die Grondwet van die Republiek van Suid-Afrika vervat. Dit word aan die hand gedoen dat terwyl die Wet op die Keuse van Beeindiging van Swangerskap in gebreke bly om die reg op gewetensbeswaar te reguleer, artikel 36 van die Grondwet riglyne hiervoor verskaf. Artikel 36 ondersteun die beperking van die reg op gewetensbeswaar in die geval waar die moeder se lewe of gesondheid ernstig in gevaar is of indien daar 'n mediese noodgeval voorkom. Verder, in die besondere omstandighede van Suid- Afrika, kan geargumenteer word dat artikel 36 die ople van 'n verpligting om ten minste aan die verwagtende vrou inligting te verskaf oor waar vrugafdrywing gedoen kan word, ondersteun. Dit word aangetoon dat dit moeilik is om vas te stel watter partye, anders as die gesondheidswerkers wat direk by die vrugafdrywing betrokke is, op 'n reg op getwetensbeswaar aanspraak sou kon maak. Artikel 36 is egter weereens 'n handige rigsnoer in hierdie verband. (Journal for Juridical Science: 2003 28(1): 1-18

Adjudicating socio-economic rights – transforming South African society?: A response to Linda Jansen Van Rensburg’s paper

Colloquium presentation - no abstract availabl

Interferon-γ responses to Plasmodium falciparum vaccine candidate antigens decrease in the absence of malaria transmission

Background Malaria elimination campaigns are planned or active in many countries. The effects of malaria elimination on immune responses such as antigen-specific IFN- γ responses are not well characterized. Methods IFN- γ responses to the P. falciparum antigens circumsporozoite protein, liver stage antigen-1, thrombospondin-related adhesive protein, apical membrane antigen-1, MB2, and merozoite surface protein-1 were tested by ELISA in 243 individuals in highland Kenya in April 2008, October 2008, and April 2009, after a one-year period of interrupted malaria transmission from April 2007 to March 2008. Results While one individual (0.4%) tested positive for P. falciparum by PCR inOctober 2008 and another two (0.9%) tested positive in April 2009, no clinical malaria cases were detected during weekly visits. Levels of IFN-γ to all antigens decreased significantly from April 2008 to April 2009 (all P < 0.001). Discussion Naturally acquired IFN- γ responses to P. falciparum antigensare short-lived in the absence of repeated P. falciparum infection. Even short periods of malaria interruption may significantly decrease IFN-γ responses to P. falciparum antigens

Distributed under Creative Commons CC-BY 4.0 Interferon-γ responses to Plasmodium falciparum vaccine candidate antigens decrease in the absence of malaria transmission

ABSTRACT Background. Malaria elimination campaigns are planned or active in many countries. The effects of malaria elimination on immune responses such as antigen-specific IFN-γ responses are not well characterized. Methods. IFN-γ responses to the P. falciparum antigens circumsporozoite protein, liver stage antigen-1, thrombospondin-related adhesive protein, apical membrane antigen-1, MB2, and merozoite surface protein-1 were tested by ELISA in 243 individuals in highland Keny