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 Ms. Carmel van Niekerk

Position: Lecturer
Department: Private Law
Faculty: Faculty of Law
Qualifications: LL.B (UWC), LLM (UP)
Tel: 021 959 3087
Fax: 021 959 0000
Email: cavanniekerk@uwc.ac.za
Research:
 
 
 
 

Biography

 Ms van Niekerk specialises in Law of Persons and Law of Delict.

Her key research interests include the interface between the use of assisted reproductive technologies (ART) and various aspect of the law, on which she has published a number of articles. Other research interests include the recognition of wrongful life claims in the Law of Delict, teaching and learning and the future of legal education in South Africa. She is currently doing her PhD on the rights of prospective parents to engage in various forms of ART. Current research projects include the rights of prospective parents to decide on the quality of their future offspring and the rights of known sperm donors in respect of children born from their donations.

Publications

​1. Van Niekerk, C ‘Assisted Reproductive Technologies and the Right to Reproduce under South African Law’ 2017 (20) PER/PELJ 1-31.

2.​​Van Niekerk, C 'When a relationship has reached its expiration date, does the same apply to the embryos under South African law 2017 (38) 1 Obiter Law Journal 165-180.

3. Van Niekerk, C ‘Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction’ 2017 (10) 1 SAJBL 32-35.

4. Van Niekerk, C ‘Section 294 of the Children’s Act: Do Roots Really Matter?’ 2015 (18) 2 PER/PELJ 396-427.

5. Van Niekerk, C 'The Four-year Undergraduate LLB: Where to from Here?' 2013 (34) 3 Obiter 533-544.

6. Van Niekerk, C ‘Wrongful life claims: A failure to develop the common law? 2012 (3) Stellenbosch Law Review 527-539.

7. Van Niekerk, C and Mwambene, L ‘The Gumede Judgment: another lost opportunity to develop customary law and protect women’s rights?’ 2009(1) Speculum Juris 86-98.

 

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