Abstract:
This dissertation provides an in-depth analysis of the practical application and judicial framework pertaining to stem cell research in South Africa. In the realisation of the above-mentioned analysis, and ultimate critique on the current and proposed legal position, focus is placed on aspects of Medical Law, Legal Philosophy and Human Rights. These include concerns on the procurement of informed consent from stem cell donors, ethical and religious influences on the regulation of biomedicine in general as well as the impact of socio-economic indicators in the realisation of the effective implementation of stem cell research. Focus is firstly placed on the medical aspects surrounding the research, whereafter an examination of the current legal position and its practical application is made. Following the discussion of the current legal position, with reference to the array of influences and concerns pertaining thereto, the newly proposed regulative measures are examined within the current international framework. These regulative measures are placed within context of the private and public sector with their different benefits and disadvantages. In a further discussion of the realisation of the private sector’s interests, focus is placed on the role that Intellectual Property Rights play in the protection of monetary incentives to conduct stem cell research. All of the above ultimately leads the author to provide an informed set of recommendations in which the proposed regulative measures can be adapted to ensure the legitimate and practically sound implementation of stem cell research in South Africa.
