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Question: Identify and explain legislation, policies and guidelines that govern handling of human remains in south Africa.
In South Africa, the handling of human remains is governed by several pieces of legislation, policies and guidelines to ensure dignity, respect and proper procedure. Some of them include: 1. The Constitution of the Republic of South Africa, 1996: As the supreme law of the country, it places a duty on the state to respect, protect, promote and fulfill the rights in the Bill of Rights including the right to dignity, freedom and security of the person which can be extended to the deceased. 2. The National Health Act 61 of 2003: In Part 3, "Control of Use of Human Bodies, Tissue and Blood; Blood Products", guidance is provided for the removal and transplantation of human tissue, including what may be removed from a deceased person, who may remove such tissue, and under what conditions such tissue may be removed. 3. The Births and Deaths Registration Act 51 of 1992: Specifies the rules regarding death registration and the proper handling and disposal of human remains. 4. The Inquests Act 58 of 1959: Offers guidelines on how to handle situations where the cause of death is unknown or suspicious, and human remains need to be examined. 5. Health Professions Act 56 of 1974: Lays down ethical rules and guidelines for health professionals, which includes the respectful handling of human remains. 6. The South African Standards Code of Practice for the Management of Human Remains (SANS 10386:2008): Offers detailed guidance on all aspects of handling human remains, from their discovery to their final disposal. The code is quite comprehensive and covers health and safety requirements, documentation, ethical considerations, transport, storage, and disposal. 7. The National Policy for Infection Prevention and Control (2007): Provides guidelines to control the spread of hospital-acquired infections which includes infection prevention during mortuary procedures and handling of dead bodies. 8. The Occupational Health and Safety Act 85 of 1993: Contains regulations on hazardous biological agents, which include the correct procedures for handling, disinfecting and disposing of human remains and associated waste. 9. Human Tissue Act 65 of 1983: Regulates the control over the acquisition, storage and use of tissue, blood, blood products, cultured cells, stem cells, embryos, fetal tissue, gametes and products thereof derived from human bodies. Remember that failure to comply with any of these laws can carry serious penalties, including fines and imprisonment. It’s important for anyone involved in the handling of human remains to familiarize themselves with these legislation, policies and guidelines to ensure they're working within the law and respecting the rights of the deceased.
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