A Jehovah’s Witness’s Autonomy versus the Interests of Her Children – ES v AC Mnyonfd
Journal of Contemporary Roman-Dutch Law, Vol. 81, p. 316-325, 2018
10 Pages Posted: 13 Dec 2018
Date Written: May 4, 2018
In this case, the right to self-determination on religious grounds – or the autonomy of the mother of three minor children – was afforded more weight by the majority of the judges than were the best interests of the children. We argue that this approach, in the specific circumstances of the family being of African origin, was wrong and that the view adopted by Mainga J, namely, that cases of competing human rights should be considered on a case-by-case basis, seems to be more acceptable. In conclusion we argue that a curator ad litem should have been appointed to guard the interests of the children.
Keywords: blood transfusion, Jehovah’s Witness, right to self-determination, interests of children
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