IN FOCUS: THE INHERENT WORTH (DIGNITY) OF HUMAN LIFE

(SECOND SEMESTER 2022)

IN FOCUS: THE INHERENT WORTH (DIGNITY) OF HUMAN LIFE

(SECOND SEMESTER 2022)

At Cause for Justice (CFJ) we recognise that each human life carries equal value and that every human being is entitled to equal benefit and protection of the law. That is why we are committed to promoting the pre-eminent worth of all (and not only some) members of the human family.

To this end, we oppose the killing of children before birth – through abortion – and oppose the killing of the frail, infirmed, sickly and elderly by reason of their unique sets of vulnerabilities – through euthanasia.

Millions of South Africans believe in the inherent worth (dignity or sanctity) of human life. Yet, unfortunately, there are alarming developments that threaten and directly oppose this self-evident truth. 

In this overview blog, we will look at some of the causes we have been engaging in during the second semester of 2022, to uphold the value of and fundamental right to life, in South Africa.

WALTER & OTHERS V MINISTER OF HEALTH & OTHERS (COURT CASE, JOHANNESBURG HIGH COURT)

The hearing of the Walter trial was set to commence in the Johannesburg High Court in May 2022, with Cause for Justice participating in the case as a ‘friend of the court’ party. On 11 April 2022, the matter was abruptly removed from the court roll as certain expert evidence reports were still outstanding. The case has not been re-enrolled since.

During September 2022, the plaintiffs’ legal representatives unexpectedly withdrew – creating even further uncertainty about the progression of the case. meanwhile, CFJ’s legal team is taking steps to ensure that we are in a state of readiness to present a strong case in court once (or if) this important matter proceeds to trial.

What is this cause about – what is at stake?

The Walter case is a legal challenge against the total criminal prohibition of euthanasia in South African law – specifically, the prohibition of physician assisted suicide (PAS) and physician assisted euthanasia (PAE). Both PAS and PAE are prohibited under current South African law.

All human rights are anchored in the inherent value of human life. That is why reducing the inherent worth of human life by equating it with one’s experience/enjoyment/quality of life, has far-reaching societal consequences – and will, inevitably, erode all other fundamental rights.

However well-intentioned, PAS and PAE are not ‘medical treatments’ or acceptable healthcare responses to human sickness and suffering. PAS and PAE do not protect human dignity – on the contrary, it destroys it.

We Need Your Support

Your contributions enable us to continue protecting the right to life and to advocate for the inherent dignity (worth) of all human life, even when pain and suffering causes a loss of quality of life. Please consider donating to this cause by visiting our donate page.

VOICE OF THE UNBORN BABY (COURT CASE)

The Constitutional Court handed down its judgment in Voice of the Unborn Baby NPC v Minister of Home Affairs, in which Cause for Justice acted as a ‘friend of the court’ party, on 15 June 2022. South Africa’s highest court found that there is no legal prohibition against the burial of babies that die during the first 26 weeks in the womb, or babies that die due to abortion.

The court reasoned that the Births and Deaths Registration Act (BADRA) only regulates the burial of “dead human bodies”. In its opinion, the remains of a baby that dies during the first 26 weeks in the womb, is not a dead human body. Therefore, the burial rules in BADRA do not apply to the remains of babies that die before 26 weeks of existence in the womb. Accordingly, non-compliance with the burial requirements in BADRA does not result in the prohibition of the burial of the remains of pre-viable babies.

Unfortunately, it remains uncertain whether parents of babies that die during the first 26 weeks in the womb have the legal right to bury their babies’ remains. According to the Court, the confirmation of such a right would depend on whether the public healthcare system has the necessary resources to execute the steps required of it to enable parents to bury their baby’s remains.

We remain convinced that the only appropriate outcome to the case would have been one that explicitly acknowledges the humanity of all unborn babies, advancing the constitutional value of human dignity. We believe that disrespecting the worth (dignity) of unborn children is not consistent with the constitutional value of human dignity.

Since delivery of the judgment, CFJ has met with senior legal counsel and medical experts to consider the legal implications of the judgment and to determine what next steps are necessary to enable parents to honour the humanity and worth (dignity) of babies that die prior to live birth by way of burial. One of the outcomes of this process will be a briefing document on the implications of Voice of the Unborn Baby decision, to assist hospitals, clinics and medical practitioners.

To learn more about the Voice of the Unborn Baby case:

OTHER LIFE-RELATED LAW AND POLICY DEVELOPMENTS

Dobbs v Jackson Women’s Health Organization

On 24 June 2022, the US Supreme Court handed down a historic judgment in Dobbs v Jackson Women’s Health Organization. It vindicated the legal recognition and protection of the right to and dignity of human life, by reversing its decision in Roe v Wade (1973). In Roe v Wade, a federal constitutional right to abortion was recognised, which led to the death of more than 60 million children within 50 years. After the reversal of the decision in Roe, it is now up to each state in the US to protect its most vulnerable by way of state legislation, or to provide for abortion within its borders.

  • You can learn more about the case by watching an informative video and reading an in-depth case discussion in a related News briefing.

HELP US TO CONTINUE ADVOCATING FOR THE INHERENT WORTH (HUMAN DIGNITY) OF ALL MEMBERS OF THE HUMAN FAMILY

The South African Constitution recognises the inherent value (worth or dignity) of all human beings – that is, of each and every member of the human family. Logically and practically, the right to human dignity and the right to life cannot be separated from one another.

Cause for Justice is committed to ensuring that South African laws and policies recognise and advance the values of the Constitution – especially the inherent dignity (worth) of human life – and the fundamental rights and freedoms contained in the Bill of Rights.

We Need Your Support

If you are passionate about protecting or advocating for the sanctity of life, we invite you to support our work by way of regular or ad-hoc donations. Without your contributions, we will not be able to continue taking up worthy causes such as these.

Visit our website to find out how to make a donation of any amount.

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Cause for Justice is a registered public benefit organisation for South African income tax purposes and may issue section 18A receipts, which entitle donors to claim tax deductions in respect of donations made to Cause for Justice.

CAUSE FOR JUSTICE

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