In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.

Thesis (M.A.)--Stellenbosch University, 2001. / ENGLISH ABSTRACT: The purpose of this study was to determine the attitudes older adults (65 years and older) have towards euthanasia. The subjects of the study were people 65 years of age and older who reside in homes for the aged within the Cape Metropolis. An equal number of subjects from the African, Coloured and European communities were randomly selected. A biographical questionnaire as well as the Euthanasia Attitude Scale and the Purpose In Life Test, were administered. The influence of four variables were focused on, namely age, ethnicity, meaning in life and health. Pearson correlation coefficient analysis and one-way ANOV A analysis were used. Ethnicity, meaning in life and health were not found to have a significant correlation with euthanasia. Age was the only variable found to have a significant correlation with euthanasia. The findings were discussed and certain recommendations were made. / AFRIKAANSE OPSOMMING: Die doel van die studie was om vas te stel wat die houding van ouer volwassenes (65 jaar en ouer) is ten opsigte van genadedood. Die proefpersone was almalouer as 65 jaar en woonagtig in ouetehuise binne die Kaapse Metropool. 'n Gelyke aantal proefpersone van die Afrika, Kleurling en Europese gemeenskappe is willekeurig gekies. 'n Biografiese vraelys, asook die "Euthanasia Attitude Scale" en "Purpose In Life Test", is gebruik. Die invloed van vier veranderlikes, naamlik: ouderdom, kultuur, betekenis in die lewe en gesondheid, is ondersoek. Pearson korrelasionele koëffisiënt en een-rigting ANOV A ontledings is gebruik. Etnisiteit, betekenis in die lewe en gesondheid het nie beduidend met genadedood gekorreleer nie, ouderdom was die enigste veranderlike wat beduidend met genadedood gekorreleer het. Die bevindinge is bespreek en sekere aanbevelings is gemaak.

This thesis argues that the topic of active voluntary euthanasia (AVE) has been significantly neglected in existing political studies research, despite the fact that AVE reform raises fundamental questions about the scope and application of political authority. While this is predominantly a politics thesis in its focus, the thesis also draws when necessary on the broader scholarly literature on AVE, including literature fields such as ethics, as well as on broader public debate and the views of politicians. The thesis also examines, and engages with, the views of relevant traditional and contemporary political theorists including John Stuart Mill, Jeremy Bentham, and Amitai Etzioni. Whilst it will be acknowledged that liberal and utilitarian principles have helped shape and inform the AVE reform debate, and have useful contributions to offer, it is maintained that neither of these approaches provide a suitably comprehensive guide to policy. The thesis argues that communitarianism’s emphasis upon the communal good provides an indispensable counterbalance to potential problems that can arise with some other approaches, including excessive individualism and the uncertainties of moral subjectivism. More particularly, it is suggested that without an ongoing commitment to the principles of self restraint and ‘other regarding’ beneficence, legalised euthanasia could pose a serious threat to the welfare of vulnerable citizens. This is a point of view that is also expressed by many religious critics of AVE and it is argued that pro-choice advocates have relied unduly upon the separation of Church and State principle to deflect a legitimate criticism. Although it is conceded that a commitment to secular liberal–democratic principles is at odds with a legislative prohibition against the popularly endorsed option of last resort (beneficent) AVE it is, nevertheless, maintained that the concerns of these and other critics should not be ignored. Indeed, an examination of various case studies highlights the importance of ensuring a balance between individual autonomy and adequate legislative safeguards. Case studies examined include John Ashcroft’s controlled substances intervention in Oregon, US Congressional action to preserve the life of persistent vegetative state patient Terri Schiavo and Australian anti-suicide / active euthanasia legislation, particularly the Northern Territory’s Rights of the Terminally Ill Act. The conclusion of the thesis not only pulls together the key arguments regarding AVE but also highlights the insights which the AVE debate can provide for understanding broader issues in political theory and practice, particularly in regard to the rights of the individual and the responsibility of the state to legislate for the collective good. / Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2008

University of Macau / Faculty of Law

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM

Thesis (LLM (Private Law))--University of Stellenbosch, 2006. / End of life decisions regarding defective babies raise several controversial questions. The root of the problem in withdrawing or withholding life-sustaining treatment from defective babies lies in the conflict between human emotions, technological advancements and legal considerations. As a result of advances in medical science and neonatal technology, the lives of defective babies can often be saved or indefinitely prolonged. The question has become not whether we can treat these babies, but rather whether we should. Whether or not a defective baby’s life must be prolonged raises serious moral and ethical issues. A life compromised by severe physical and mental handicaps is weighed against an early and painless death. The best interest of the baby is the primary consideration from a legal point of view. Various factors must be taken into account to give content to this concept. Another central question is to determine who the decision maker(s) should be and what weight should be given to their opinions. Due to the fact that defective babies can not participate in this decision making process or communicate their wishes and preferences, surrogate decision makers must decide on their behalf. In sharp contrast to England, America and Canada, there is hardly any literature and no reported case law in South Africa to demonstrate the complexity of end of life decisions regarding defective babies. Selective non-treatment of defective babies have received little attention in the South African law. The Bill of Rights, inspired by regional and international Conventions determine the framework from a juristic perspective wherein decisions must be made and justified. This framework requires that the focus must be on the most vulnerable and dependant, namely the defective baby.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.