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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Access to the medical records of a child: legislative review required
Author:Pienaar, Letitia
Year:2014
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:30
Issue:3
Pages:508-525
Language:English
Geographic term:South Africa
Subjects:child health
freedom of information
right to privacy
children's rights
legislation
External link:https://doi.org/10.1080/19962126.2014.11865120
Abstract:The interplay between the constitutional right to privacy and the right to access to information constitute the parameters within which the issue of access to a child's medical records is explored. The Children's Act and the National Health Act in South Africa provide for confidentiality pertaining to medical records and encourage participation in decisions affecting an individual's health. The question arises whether existing legislation has been amended to support this right to confidentiality. An inquiry is done to establish if this right to confidentiality entails that the child is vested with the right to refuse access to his/her medical records? Current legislative provisions regulating this issue do not provide a clear answer. Recommendations are made for legislative amendments to bring clarity on this issue and to ensure that the child's right to privacy in the health-care context is optimally protected. Bibliogr., notes, ref., sum. [Journal abstract]
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