Open AccessThe regulation of informed consent to participation in clinical research by mentally ill persons: An overview
Author(s) -
Annelize Nienaber
Publication year - 2010
Publication title -
south african journal of psychiatry
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.425
H-Index - 13
eISSN - 2078-6786
pISSN - 1608-9685
DOI - 10.4102/sajpsychiatry.v16i4.262
Subject(s) - informed consent , mentally ill , constitution , mental health , law , political science , psychology , psychiatry , medicine , mental illness , alternative medicine , pathology
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