Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003

Abstract

Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent to medical treatment, either with or without parental consent, have become pertinent especially in light of the escalating HIV pandemic. This thesis examines the law as it developed with particular regard to the age at which children can consent to medical treatment and have access to contraceptives. It will further examine the role that parents play when children exercise their right to consent to medical treatment and access to contraceptives. Several changes have taken place in domestic legislation and this thesis will analyse those changes with reference to the provisions on the protection of health rights of children.