The regulation of informed consent to participation in clinical research by mentally ill persons in South Africa: an overview

A. Nienaber*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)
1 Downloads (Pure)

Abstract

The article examines the legal requirements relating to the informed consent of mentally ill persons to participation in clinical research in South Africa. First, the juridical basis of informed consent in South African law is outlined; and second, the requirements for lawful consent developed in South African common law and case law are presented. Finally, the article deliberates upon the requirements for the participation of mentally ill persons in research as laid down by the Mental Health Care Act and its regulations, the National Health Act and its (draft) regulations, and the South African Constitution.
Original languageEnglish
Article numbera262
Pages (from-to)118-124
Number of pages6
JournalSouth African Journal of Psychiatry
Volume16
Issue number4
DOIs
Publication statusPublished - 1 Dec 2010
Externally publishedYes

Keywords

  • Research law
  • Clinical research

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