Developing a legal framework for active euthanasia in South Africa: ‘is there a right to die?'

Baloyi, Stacey

Developing a legal framework for active euthanasia in South Africa: ‘is there a right to die?'

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This dissertation aims to contribute to the ongoing debate on euthanasia by analysing how a framework for it could be implemented in South Africa, considering the evolving interpretation of the rights to dignity, freedom, and security of a person, and their foundational role in the South African Constitution. The challenge surrounding regulating euthanasia in South Africa boils down to the balancing of these Constitutional provisions. It is deeply intertwined with whether the Constitution could offer the right for competent terminally ill patients to choose ‘the right to die' with dignity. This issue is central to the discussions about individuals' rights to make autonomous decisions when they are faced with a terminal illness. While existing policies and regulations aim to protect the rights of terminally ill patients and guide end-of-life decisions, formal legislative changes remain limited under the common law. A significant gap remains in the implementation, clarity of provisions related to protecting the rights of terminally ill patients, and the legal ambiguity surrounding euthanasia. This study fills the gap by comprehensively analysing Constitutional considerations, proposed legislation, case law, international perspectives, and best practices to provide insights into the complexities surrounding euthanasia. It suggests that with the ongoing and renewed discussions about the legality and acceptability of euthanasia, there is a need for the South African Government to establish clear legal rules that would control the practice of euthanasia with stringent measures to prevent abuse. The recommendations aim to foster a balanced approach that respects individuals' autonomy while safeguarding fundamental rights and ensuring ethical standards in end-of-life care and decision-making processes

Keywords

euthanasia

legal framework

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