Masters Degrees (Medical Law)

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Realising the right of access to maternal health care services for refugee women in South Africa.
Mushanguri, Tatenda Sandra.; Balogun-Fatokun, Victoria Aderonke.
South Africa hosts a large population of refugees from Africa and beyond. These refugees come to the country with their different needs. Some of the needs are gender-specific and require the realisation of specific human rights for them to be met. Refugee women require maternal health care services. South Africa has a number of policies and legislation aimed at protecting the rights of refugees, women, as well as the right to health. Furthermore, South Africa is a signatory of various human rights instruments relating to (amongst other things), refugee women and health care. Regardless of the international instruments, legislation and policies in place, there still exists a gap between policy and practice which makes it difficult for refugee women to access maternal health care services. Through the use of various literature, this thesis provides a discussion on the components of health care and defines what access to maternal health care is. It exposes the barriers faced by refugee women in South Africa’s public health care system. The thesis provides an analysis of the numerous human rights instruments relating to refugees, health and women. It scrutinises South African domestic policies and legislation relating to maternal health care services. Landmark cases on the access to maternal health care services and other socio-economic rights are discussed in the thesis. In the final chapter, recommendations are made on how the maternal health care services for refugee women may be fully realised.
Reopening the debate on medical malpractice claims in South Africa: examining the intersection between quality health professional training and bioethics.
(2020) Zondo, Zakithi Charity.; Balogun-Fatokun, Victoria Aderonke.
Medical malpractice claims are a growing trend in South Africa that is crippling the Department of Health thus impacting on the provision of healthcare to the population. This dissertation revisits the hotly debated topic of whether there is a link between malpractice claims and the medical professional training, and conditions in South Africa? This dissertation presents an overview of the origin of health as a human right and the steps taken by the South African government to bring about the realisation of that right. An analysis of the conditions that lead to patient injury will be undertaken together with the procedures or lack thereof in place to ensure patient safety. Case law and South African legislation regarding healthcare services are consulted for comparative purposes with other countries who are also dealing with an increase in medical malpractice claims. The relevance of a shortage of resources and the implications thereof are discussed in this work. South African medical professionals’ adherence to the set standards of good medical practice is analysed before conclusions are reached and recommendations to curtail the rise of malpractice claims are provided.
Sexual violence as a violation of sexual and reproductive health rights : a case study of South African and Nigerian law on sexual violence against women.
(2016) Yebisi, Oyebanke Taiwo.; Balogun-Fatokun, Victoria Aderonke.
The right to sexual and reproductive health is a right which finds footing in other rights including that of the right to life and survival, which is necessary for the fulfilment of other human rights such as the right to health; the right to freedom from sexual violence; and the right to freedom from torture, cruel, degrading or inhuman treatment. However, violations of the right to sexual and reproductive health, especially for women, occur in various forms; including that of sexual violence. There are various manifestations of sexual violence, including child marriage, marital rape, sexual abuse of children, female genital mutilation, and virginity testing, among others. At international and regional levels, various instruments have been adopted through the passing of resolutions and adoption of declarations at conferences and summits for the protection of sexual and reproductive health rights of women and protection from sexual violence. At the national level also, Nations all over the world have enacted various laws and introduced various policies to ensure that the right to sexual and reproductive health is protected and prohibit various forms of sexual violence against women. This thesis focuses on South African and Nigerian laws on the protection of sexual and reproductive health rights, particularly protection of this right in relation to sexual violence against women. International, regional and sub-regional instruments are used as a framework for the protection of women against sexual violence and the efforts of the selected countries are analysed based on this. This dissertation is based on the following questions: a. What legal and regulatory frameworks have been provided by South Africa and Nigeria for the protection of women and girls against child marriage and marital rape? b. How do international and regional instruments confront the problem of sexual violence, especially issues such as marital rape and child marriage; and how can this impact on Nigeria? c. How can the mechanisms available for the protection of women against sexual violence in South Africa be adopted in Nigeria to prevent and punish acts of sexual violence such as child marriage and marital rape and what adjustments should be made? d. What is the impact of practices such as child marriage and marital rape on the promotion and fulfilment of sexual and reproductive health rights in Nigeria? At the conclusion of the analysis of the various laws and policies in place in the selected countries, reforms and adjustments are proposed for Nigeria, which will ensure better protection of sexual and reproductive health rights, especially with protection from the forms of sexual violence discussed.

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Browsing Masters Degrees (Medical Law) by Author "Balogun-Fatokun, Victoria Aderonke."