Browsing by Author "Pope, Anne"

Now showing 1 - 5 of 5
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    Calling the shots on vaccination: when is the state justified in overturning a refusal to vaccinate?
    (2013) Blignaut, Jessica; Pope, Anne
    Public perceptions of vaccination have changed greatly since George Bernard Shaw unleashed his diatribe against the practice. Today it is recognised that, far from spreading disease, vaccination is one of the cheapest and most effective public health interventions. Immunization against infectious diseases has drastically reduced mortality and morbidity, particularly among children, and has diminished the disease burden caused by poliomyelitis, rubella, measles, tetanus, diphtheria and whooping cough, amongst others.
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    Encroachment or accession? The importance of the extent of encroachment in light of South African constitutional principles
    (Juta Law, 2007) Pope, Anne
    South African courts seemingly regard every instance of building partly on a neighbour's land as an encroachment. Strangely, the principles of accession, usually dominant in determining the ownership of buildings, are never discussed in this context. The decision in Trustees, Brian Lackey Trust v Annandale 2004 (3) SA 281 (C) provides a clear example of this mode of reasoning and its severe consequences for the encroached-upon neighbour. This approach seems to focus only on the interests of the builder and does not give due consideration to the rights of the neighbour - and arguably results in an arbitrary deprivation of the neighbour's property in terms of s 25(1) of the Constitution, particularly where the encroachment is very extensive. This article contends that, in order to comply with the constitutional obligation to develop the common law in light of the values enshrined in the Bill of Rights, the courts must adopt a nuanced approach to situations involving building on another's land, so as to give proper attention to the rights of both parties and thus to prevent the possibility of unfair deprivation. In particular, it is argued that the extent of encroachment must guide the court in its decision whether to regard the interference with possession as an encroachment rather than an instance of accession, and in determining the appropriate remedy.
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    HIV Preventive research and minors
    (Juta Law, 2007) Pope, Anne
    HIV preventive research using minors as participants is important and necessary in the South African context. However, whether the law permits minors to consent independently to research participation is unclear. This article asserts a weakness in the law regarding the protection of minors. Current policy of ethics committees to expend with the requirement of parental permission in the informed consent process flows from the lack of clarity in the law as well as a conflation of the requirements for consent to medical treatment with those for research participation. Key differences between treatment and research require careful consideration of the implications of permitting independent consent by minors. A failure to give sufficient attention to these differences exposes minors to inadequate protection where health-care research is concerned, especially that which is aimed at preventing the spread of HIV. This article examines the legal and ethical framework for health care research and minors, the complex issues that are involved, especially whether parental permission is expendable in light of the requirements of international instruments, national law and ethics guidelines. The article proposes that parental or guardian involvement is necessary in order properly to respect the rights of minors and their families and should be waived only in circumstances where all relevant circumstances have been properly canvassed and considered.
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    Informed consent and the secondary use of biospecimens in oncology research legal and bioethics perspectives
    (2012) Erasmus, Pieter Miguel; Pope, Anne
    Biospecimens1 collected during routine oncology diagnostic and therapeutic interventions may be stored for future medical purposes. In accordance with legal and ethical principles, the patient provides informed consent for removal of the tissue for diagnostic or therapeutic reasons. Informed consent gives permission for the violation of bodily integrity that is inevitable with tissue removal.
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    The protection of purchasers of immovable property in South Africa, with special reference to section 29a of the alienation of land act 68 of 1981 and the housing consumers protection measures act 95 of 1998
    (1999) Marais, Michele; Pope, Anne
    Ownership of land has occupied a special position in our legal history. lt has been said that "[t]the desire of individuals and social and political groups for the ownership of land is probably one of the greatest drives in human history. In non-industrial forms of society, the main source of a community's wealth is land. He who holds land [...] holds economic power, and ownership of-land becomes the basis of political power. The immovable and indestructible nature of land has led to the view that it constitutes the best form of security. These qualities set larid apart from other commodities and make its ownership more complicated than the ownership of movables."¹