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1	Die reg op lewe met spesifieke verwysing na aborsie as kritieke beslissingsmoment 13 August 2015 (has links) LL.M. / Please refer to full text to view abstract Right to life - South Africa Human rights - South Africa
2	Inconsistency in judicial decisions : the right to life in perspective Moabelo, Kgorohlo Micro 02 1900 (has links) 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 Life Euthanasia Death Penalty Socio-Economic Rights Indeterminacy Abortion Health Care Justice Adjudication Judicial Decisions 342.850680269 Judicial process -- South Africa Right to life -- South Africa Capital punishment -- South Africa Medical ethics -- South Africa
3	Inconsistency in judicial decisions : the right to life in perspective Moabelo, Kgorohlo Micro 02 1900 (has links) 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. Life Euthanasia Death Penalty Socio-Economic Rights Indeterminacy Abortion Health Care Justice Adjudication Judicial Decisions 342.850680269 Judicial process -- South Africa Right to life -- South Africa Capital punishment -- South Africa Medical ethics -- South Africa
4	A selection of legal issues relating to persons living with albinism Mswela, Mphoeng Maureen 10 1900 (has links) Despite the fact that albinism affects several South Africans, it is a condition that remains deeply misunderstood. Albinism is steeped in myth and false notions, and is perceived by many as a curse and contamination. For years, persons living with albinism have been treated with doubt and suspicion. Also in schools and in the wider community, children with albinism are subjected to violence and ridicule. In certain areas on the African continent, including Southern Africa, persons living with albinism are killed for the trade in body parts for use as sacramental medicines, or sexually assaulted as a result of the belief that raping them may offer a cure for HIV/AIDS. All of this highlights the extreme vulnerability of persons living with albinism, not to mention the many violations of their fundamental rights that follow from the manner in which they are treated. Within the social context that frames the experience of persons living with albinism, the primary purpose of this study is to highlight some of the pertinent challenges faced by persons living with albinism in South Africa which compromise the full enjoyment of their fundamental rights as enshrined in the South African Constitution. The thesis makes a number of practical recommendations that will assist in promoting the legal position of this vulnerable group, while also contributing to a better understanding of albinism in general which will ultimately change negative perceptions and debunk the myths surrounding the condition. / Jurisprudence / LL. D. Albinism Albino Disability Discrimination Colourism Muti murder Myths Stereotypes Popular culture The right to equality The right to dignity The right to life The right to health care services The right to education The right to social assistance 342.85068 Human rights Pigmentation disorders -- South Africa Right to education -- South Africa Right to health -- South Africa Right to life -- South Africa Equality -- South Africa

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