Clarifying ‘maturity’: Determining children’s capacity for medical consent in South Africa

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Authors: Larisse Prinsen, Marozane Spamers
Cited by: 0

Abstract

South African law recognises the evolving capacity of minors to consent to medical treatment. This is manifested in the Children’s Act 2005 which governs minors’ rights and determines that children aged 12 years and above are presumed to have the capacity to consent to medical treatment provided they are of sufficient maturity to understand its nature and consequences. Although the word ‘maturity’ appears repeatedly in the Children’s Act, it does not provide a definition or guidance on how maturity should be determined. This article therefore, first, discusses the meaning of ‘maturity’, ‘sufficient maturity’, and related terminology and, second, elucidates on the role of brain development in the determination thereof in order to propose foundational elements regarding evidence-based guidelines for establishing whether the legally requisite ‘maturity’ to consent to medical treatment is present. The discussion is informed by South African and foreign case law, relevant regulatory instruments, human rights considerations, and literature on child brain development and consent.

Fields of Study & Subjects

Ethics and Legal Issues in Pediatric Healthcare Children's Rights and Participation Medical and Health Sciences Research

Publication details

Journal / source
Medical Law International
Volume
26
Issue
2
Pages
115–143
Publication date
17 February 2026
Language
EN