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Clarifying ‘maturity’: Determining children’s capacity for medical consent in South Africa

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Medical Law International

Published online on

Abstract

Medical Law International, Volume 26, Issue 2, Page 115-143, June 2026.
South African law recognises the evolving capacity of minors to consent to medical treatment. This is manifested in the Children’s Act 2005 which governs minors’ rights and determines that children aged 12 years and above are presumed to have the capacity ...