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All Outputs (21)

'Everything is Obstetric Violence Now': Identifying the Violence in 'Obstetric Violence' to Strengthen Socio-legal Reform Efforts (2024)
Journal Article
Pickles, C. (2024). 'Everything is Obstetric Violence Now': Identifying the Violence in 'Obstetric Violence' to Strengthen Socio-legal Reform Efforts. Oxford Journal of Legal Studies, 44(3), 616-644. https://doi.org/10.1093/ojls/gqae016

Since its global uptake, 'obstetric violence' is increasingly used to capture any/all violations during reproductive healthcare, with few conceptual limits. Consequently, it runs the risk of becoming an overgeneralised concept, making it difficult to... Read More about 'Everything is Obstetric Violence Now': Identifying the Violence in 'Obstetric Violence' to Strengthen Socio-legal Reform Efforts.

“Obstetric Violence,” “Mistreatment,” and “Disrespect and Abuse”: Reflections on the Politics of Naming Violations During Facility-Based Childbirth (2023)
Journal Article
Pickles, C. (2023). “Obstetric Violence,” “Mistreatment,” and “Disrespect and Abuse”: Reflections on the Politics of Naming Violations During Facility-Based Childbirth. Hypatia, 38(3), 628-649. https://doi.org/10.1017/hyp.2023.73

Naming performs an important function in society. Names shape our reality by creating the means to bring into existence previously unseen events or unacknowledged experiences, and naming impacts how society responds to these. This article interrogate... Read More about “Obstetric Violence,” “Mistreatment,” and “Disrespect and Abuse”: Reflections on the Politics of Naming Violations During Facility-Based Childbirth.

Medical guidelines in South African courts: exploring their role in medical negligence matters (2021)
Book Chapter
Pickles, C. (2021). Medical guidelines in South African courts: exploring their role in medical negligence matters. In J. Samanta, & A. Samanta (Eds.), Clinical Guidelines and the Law of Medical Negligence (80-111). Edward Elgar Publishing. https://doi.org/10.4337/9781789908893.00011

This chapter analyses South African courts' approach to clinical guidelines in medical negligence case law. It is widely accepted that guidelines 'do not have the status of law' and this was recently confirmed by the Western Cape High Court. However,... Read More about Medical guidelines in South African courts: exploring their role in medical negligence matters.

Sounding the Alarm: Government of The Republic of Namibia v LM and Women's Rights during Childbirth in South Africa (2018)
Journal Article
Pickles, C. (2018). Sounding the Alarm: Government of The Republic of Namibia v LM and Women's Rights during Childbirth in South Africa. Potchefstroom Electronic Law Journal, 21, 1-34. https://doi.org/10.17159/1727-3781/2018/v21i0a4303

Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the height of labour is inappropriat... Read More about Sounding the Alarm: Government of The Republic of Namibia v LM and Women's Rights during Childbirth in South Africa.

Feticide: Continuing the Search for a Unified Approach to the Unborn (2017)
Journal Article
Pickles, C. (2017). Feticide: Continuing the Search for a Unified Approach to the Unborn. Tydskrif vir hedendaagse romeins-hollandse reg, 80(1), 44-61

Die artikel oorweeg die vraagstuk van “feticide” en die moontlike toepassing daarvan in Suid Afrika binne die konteks van geweld teen swanger vroue wat lei tot die beëindiging van 'n swangerskap. S v Mshumpa 2008 1 SACR 126 (OK) bevestig dat die geme... Read More about Feticide: Continuing the Search for a Unified Approach to the Unborn.

Managing the Remains of Foetuses and Abandoned Infants – A Call to Urgently Review South African Law and Medico-legal Practice (2016)
Journal Article
du Toit-Prinsloo, L., Pickles, C., & Saayman, G. (2016). Managing the Remains of Foetuses and Abandoned Infants – A Call to Urgently Review South African Law and Medico-legal Practice. South African Medical Journal, 106(6), 578-581. https://doi.org/10.7196/samj.2016.v106i6.10598

This article reviews South African (SA) law and its impact on the medicolegal management of fetal remains emanating from elective and therapeutic termination of pregnancies, stillbirths and miscarriages and the remains of abandoned or exposed infants... Read More about Managing the Remains of Foetuses and Abandoned Infants – A Call to Urgently Review South African Law and Medico-legal Practice.

Involuntary Contraceptive Sterilisation of Women in South Africa and the Criminal Law (2016)
Journal Article
Pickles, C. (2016). Involuntary Contraceptive Sterilisation of Women in South Africa and the Criminal Law. South African journal of criminal justice, 29(2), 89-115

The Sterilisation Act 44 of 1998 prohibits sterilisations without informed consent. Despite its enactment, people are being involuntarily sterilised in South Africa and women are reportedly disproportionately affected by this practice. An involuntary... Read More about Involuntary Contraceptive Sterilisation of Women in South Africa and the Criminal Law.

Evaluating the Current Knowledge of Legislation and Practice of Obstetricians and Gynaecologists in the Management of Foetal Remains in South Africa (2016)
Journal Article
du Toit-Prinsloo, L., Pickles, C., & Lombaard, H. (2016). Evaluating the Current Knowledge of Legislation and Practice of Obstetricians and Gynaecologists in the Management of Foetal Remains in South Africa. South African Medical Journal, 106(4), 403-406. https://doi.org/10.7196/samj.2016.v106i4.10214

BACKGROUND: In the clinical setting, the main legislative provisions governing the management and 'disposal' of fetal remains in South Africa are the Choice on Termination of Pregnancy Act 92 of 1996 and the Births and Deaths Registration Act 51 of 1... Read More about Evaluating the Current Knowledge of Legislation and Practice of Obstetricians and Gynaecologists in the Management of Foetal Remains in South Africa.

The Medico-legal Investigation of Abandoned Fetuses and Newborns – A Review of Cases Admitted to the Pretoria Medico-Legal Laboratory, South Africa (2016)
Journal Article
du Toit-Prinsloo, L., Pickles, C., Smith, Z., Jordaan, J., & Saayman, G. (2016). The Medico-legal Investigation of Abandoned Fetuses and Newborns – A Review of Cases Admitted to the Pretoria Medico-Legal Laboratory, South Africa. International Journal of Legal Medicine, 130(2), 569-574

There is a dearth of literature on the extent of fetal or newborn abandonment or “dumping” and the medico-legal investigation procedures these cases require. This is despite the fact that these occurrences are a worldwide phenomenon and by definition... Read More about The Medico-legal Investigation of Abandoned Fetuses and Newborns – A Review of Cases Admitted to the Pretoria Medico-Legal Laboratory, South Africa.