South African Journal on Human Rights

Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa

South African Journal on Human Rights January 2, 2023 Sebastian William Foster 3 citations

The principle of cognitive liberty is assessed as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. To do so, s 12 of the Constitution of the Republic of South Africa, 1996, is analysed, determining that s 12(2) is not a numerus clausa and is capable of enforcing further protections and/or entitlements, such as cognitive liberty. Further, it is...