Faculty of Law
Department of Public Law
Selected Highlights from Research Findings
In an environment where research is pivotal and which is underpinned by constitutional and ethical considerations, the concept of informed consent must be seen as a core value and a foundational element in research ethics. As the supreme law of the country the Constitution of the Republic of South Africa, Act 108 of 1996, dictates that individual autonomy is a paramount consideration in any research. This has the implication that the autonomy of a research participant is now balanced against the traditional paternalistic approach of researchers/ investigators – a fact well known to and practised by the Health Sciences, but until recently relatively ignored by the Humanities and Business Sciences. The purpose and function of informed consent are varied: not only is it a quest for self determination, but it also ensures scientific integrity and investigator competence. The concept of informed consent is further underpinned by the Constitutional rights to human dignity, life, freedom and security of person, privacy and not to be subjected to medical experimentation without informed consent. All of these core values should thus be considered in any research protocol, not only with regard to experimentation on human subjects, but also in relation to maintaining privacy and confidentiality in context of access to information and issues of disclosure - even for the mere use of statistical data.
The legal and ethical framework for research are further enhanced by national legislation (e.g. the National Health Bill of 2003) and, in particular, the all important Promotion of Access to Information Act 2 of 2000. This Act has far-reaching implications for all research conducted in South Africa and is now always a pivotal source in any research protocol. All ethical committees should take note of the implications of informed consent as a core value in research ethics, on the one hand ensuring accountability and, on the other hand, promoting protection for both research participant and investigator.
Contact person: Prof PA Carstens.
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