ABSTRACT
Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed.
Subject(s)
Criminal Law/legislation & jurisprudence , Cross-Cultural Comparison , Paraphilic Disorders/diagnosis , Paraphilic Disorders/psychology , Sex Offenses/legislation & jurisprudence , Adult , Antisocial Personality Disorder/diagnosis , Antisocial Personality Disorder/psychology , Capital Punishment/legislation & jurisprudence , Child , Diagnosis, Differential , Diagnostic and Statistical Manual of Mental Disorders , Expert Testimony/legislation & jurisprudence , Female , Homicide/legislation & jurisprudence , Humans , Insanity Defense , Male , Mental Recall , Pedophilia/diagnosis , Pedophilia/psychology , Rape/legislation & jurisprudence , Rape/psychology , South Africa , Young AdultABSTRACT
Three authors describe problematic scenarios of health policy in their respective countries. These examples illustrate the role of government influences in determining resource allocation, legislation, health provision and health outcomes in very different situations. These outcomes are affected not only by attitudes to public health, but also by the legal systems in the countries which are the subjects of this study. The authors draw conclusions about the use and abuse of public health regulation.
Subject(s)
Health Policy , Health Priorities , Public Health/legislation & jurisprudence , Attitude to Health , Community Participation/legislation & jurisprudence , Cross-Cultural Comparison , Delivery of Health Care/economics , Delivery of Health Care/legislation & jurisprudence , Delivery of Health Care/organization & administration , Government Regulation , Humans , Malaysia , Public Health/economics , South Africa , United States , World Health OrganizationABSTRACT
Recognition and articulation of patient rights are core issues in the medical jurisprudence of most nations. While the nature of rights in medical care may vary from country to country, reflecting the idiosyncrasies of domestic law and health delivery, there are commonalities in this area of law that cut across borders. This paper presents five case studies in the patient rights area from Malaysia, Ireland, South Africa, Indonesia and the United States, respectively. The case discussions range from ongoing and fundamental concerns over broad patient rights issues, such as access to health care and informed consent, to rights concerns of those suffering from HIV/AIDS, to a novel consideration over ethical and legal issues concerning ownership of infant organs. It is the hope of the authors that individually, and collectively, the cases will provide helpful insights into this core area of medical law.
