The regulation of informed consent to participation in clinical research by mentally ill persons: An overview
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 So...
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2010-12-01
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| Series: | South African Journal of Psychiatry |
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| Online Access: | http://www.sajp.org.za/index.php/sajp/article/view/262 |
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doaj-03e67919c78d46d78a8985eb2f32e2252020-11-24T23:58:39ZengAOSISSouth African Journal of Psychiatry 1608-96852078-67862010-12-0116410.4102/sajpsychiatry.v16i4.26265The regulation of informed consent to participation in clinical research by mentally ill persons: An overviewA Nienaber0Faculty of Law, University of PretoriaThe 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.http://www.sajp.org.za/index.php/sajp/article/view/262Research lawClinical research |
| collection |
DOAJ |
| language |
English |
| format |
Article |
| sources |
DOAJ |
| author |
A Nienaber |
| spellingShingle |
A Nienaber The regulation of informed consent to participation in clinical research by mentally ill persons: An overview South African Journal of Psychiatry Research law Clinical research |
| author_facet |
A Nienaber |
| author_sort |
A Nienaber |
| title |
The regulation of informed consent to participation in clinical research by mentally ill persons: An overview |
| title_short |
The regulation of informed consent to participation in clinical research by mentally ill persons: An overview |
| title_full |
The regulation of informed consent to participation in clinical research by mentally ill persons: An overview |
| title_fullStr |
The regulation of informed consent to participation in clinical research by mentally ill persons: An overview |
| title_full_unstemmed |
The regulation of informed consent to participation in clinical research by mentally ill persons: An overview |
| title_sort |
regulation of informed consent to participation in clinical research by mentally ill persons: an overview |
| publisher |
AOSIS |
| series |
South African Journal of Psychiatry |
| issn |
1608-9685 2078-6786 |
| publishDate |
2010-12-01 |
| description |
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. |
| topic |
Research law Clinical research |
| url |
http://www.sajp.org.za/index.php/sajp/article/view/262 |
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AT anienaber theregulationofinformedconsenttoparticipationinclinicalresearchbymentallyillpersonsanoverview AT anienaber regulationofinformedconsenttoparticipationinclinicalresearchbymentallyillpersonsanoverview |
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