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Sounding the alarm: Government of the Republic of Namibia v LM and Women's Rights during childbirth in South Africa

Abstract:

Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the height of labour is inappropriate because labouring women lack the capacity to consent because of the intensity of their labour pains. This article recognises that the LM case may make its way into current litigation strategies against involuntary sterilisations in South Africa ...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Publisher's version

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Publisher copy:
10.17159/1727-3781/2018/v21i0a4303

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Subgroup:
Law Faculty
Publisher:
Academy of Sciences of South Africa Publisher's website
Journal:
Potchefstroom Electronic Law Journal Journal website
Publication date:
2018-08-09
Acceptance date:
2018-06-02
DOI:
EISSN:
1727-3781
ISSN:
1727-3781
Pubs id:
pubs:911555
URN:
uri:7d0ba490-c0d8-4fbc-9721-b8d81b258407
UUID:
uuid:7d0ba490-c0d8-4fbc-9721-b8d81b258407
Local pid:
pubs:911555

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