Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
The South African Constitutional Court And The Unborn, S De Freitas
The South African Constitutional Court And The Unborn, S De Freitas
Law Papers and Journal Articles
The South African Constitutional Court has not yet been confronted with having to make a finding on the status of the unborn against the background of the South African Bill of Rights. Expecting that the Constitutional Court will sometime in the future be approached in this regard, this article presents some preparatory foundational insights on what the approach of the said Court should be. In this regard, the law-making function of the judiciary and the importance of an informative and rational approach towards the protection of the unborn in the judicial process are emphasised. A more nuanced approach by the …
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Law Papers and Journal Articles
International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where …