Legal Regulation of the Principles of Bioethics and Biolaw in the Republic of South Africa

The article consideres reconstruction of the stages of formation of legal regulation of biolaw and bioethics in the Republic of South Africa over the past forty years, characterization of the current system and determination of its development prospects. Regulation has evolved from fragmented apartheid-era legislation and discriminatory voluntary guidelines to a constitutionally grounded statutory system (section 12(2)(c) of the 1996 Constitution, National Health Act of 2003); decisions of research ethics committees are binding in the administrativeregulatory sense yet subordinate to legislation and judicial review; the current stage constitutes a reflexive restructuring with a reform agenda concerning minors’ consent, heritable genome editing, end-of-life decisions and artificial intelligence.

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Publication Details

Journal
STATE POWER AND LOCAL SELF-GOVERNMENT
Published
2026-11-02
DOI
https://doi.org/10.18572/1813-1247-2026-11-50-53
Primary Topic
Medical and Health Sciences Research
Type
article
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article

Legal Regulation of the Principles of Bioethics and Biolaw in the Republic of South Africa

Nikolay N. Smirnov
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STATE POWER AND LOCAL SELF-GOVERNMENT
Medical and Health Sciences Research
article

Legal Regulation of the Principles of Bioethics and Biolaw in the Republic of South Africa

Nikolay N. Smirnov
article en

Abstract

The article consideres reconstruction of the stages of formation of legal regulation of biolaw and bioethics in the Republic of South Africa over the past forty years, characterization of the current system and determination of its development prospects. Regulation has evolved from fragmented apartheid-era legislation and discriminatory voluntary guidelines to a constitutionally grounded statutory system (section 12(2)(c) of the 1996 Constitution, National Health Act of 2003); decisions of research ethics committees are binding in the administrativeregulatory sense yet subordinate to legislation and judicial review; the current stage constitutes a reflexive restructuring with a reform agenda concerning minors’ consent, heritable genome editing, end-of-life decisions and artificial intelligence.

STATE POWER AND LOCAL SELF-GOVERNMENT
Peace, justice, and strong institutions
Openalex Percentile: Top 12%
Medical and Health Sciences Research
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