3. THE DIFFERENT CONCEPTS OF HUMAN DIGNITY, ETHICAL PERSPECTIVES, AND THE
3.8. CONTEMPORARY EXISTENTIAL PROBLEM AND THE IMPLICATIONS ON CHILDREN
3.8.1 THE WORLD SCENARIO
The reality of children being born with physical and mental disabilities being a worldwide phenomenon, it has come as one of the major challenges to some families, who do not have the capacity to cope with the reality. There are certain families and health institutions, however, that are doing the prophetic service to children who are born with disabilities.
Unfortunately, there are limited medical and health facilities to meet the needs of all people in society as recanted from the above discussion. Economic, socio-cultural, and political prejudices have contributed to complications of the human situation of the children with disabilities. In consideration to the world-wide scenario, the reality of children who are born with disabilities has given rise to the new phenomena of euthanasia and altruistic suicide.760 These have remained contentious issues of the modern age. Many countries in the world have legalised the termination of the life of critically ill children.761 Infants who are born with physical and mental disabilities according to the law in Brussels are included in the category of infants who are regarded as terminally ill.762 For instance, Belgium has extended legal euthanasia to terminally ill children of any age.763 Brussels has extended euthanasia to deaf children who are born blind.764 The aim is to remedy the psychological suffering of the child and the family.765 Therefore candidates for mercy killing are those children suffering from unbearable physical and mental pain related to disabilities that cannot be treated. In some other countries in the recent past, people who were considered as unworthy were killed.766 The list of the unworthy infants included children and babies with the slightest kind of special need.767 For example, children who were suffering from crippling diseases which were deemed as disorderly were also killed. Practices of this nature have aroused deep controversy and contrasting attitudes around the world today among scholars from the
760 Shah, J.C.R., (2014), Withdrawal Life Support and Let Dying Ill Patients: Right or Wrong Decision, Karachi: Clinical Research and Bioethics, 2155-9627.
761 Ertelt, S., (2016), First Child Dies After Belgium Approves Measure Allowing Doctors to Euthanize Children, Brussels: in http://www.lifenews.com/2016/09/19/first-child-dies-after-belgium-approves-measure- allowing-doctors-to-euthanize-children/, Posted on September 19, 12:21 GMT. In 2014, Belgium voted to extend euthanasia to children with disabilities in a move pro-life advocates world-wide had been fearing would come and expand an already much-abused euthanasia law even further.
762 Ibid.
763 Roberts, J., (2014), At the Hour of our Death, in the “The Tablet”, 22nd February, 4-5.
764 Ibid.
765 Ertelt, S., (2016), First Child Dies After Belgium Approves Measure Allowing Doctors to Euthanize Children, Brussels: in http://www.lifenews.com/2016/09/19/first-child-dies-after-belgium-approves-measure- allowing-doctors-to-euthanize-children/, Posted on September 19, 12:21 GMT.
766 Roberts, J., (2014), At the Hour of our Death, in “The Tablet”, 22nd February, 4-5.
767 Ibid.
different schools of thought. Some scholars call it euthanasia, others call it assisted suicide, some call it altruistic suicide, others call it mercy killing and others call it infanticide.768 What is crucial here is that the precious life of a child is taken away. Although the current discourse is focussing on the regional situation, the world phenomenon regarding children with disabilities cannot be overlooked. The ethical and theological questions raised are similar as they all look at the plight of children with disabilities and the moral perspectives in this case broadens the relevance of the subject matter. To this effect, the global scenario gives us an added hint into the reality under study. The current discourse limits itself to the reginal area of KwaZulu-Natal where the existential problem per se requires academic research and intervention as a way of responding to the plight of children with disabilities.
Given the positive out-come of the theology of human dignity for children with disabilities at reginal level could potentially benefit some children at a global level.
3.8.2. THE AFRICAN SCENARIO
The situation in Africa regarding the reality of children with disabilities has generally taken a new and unique form. Some countries have adopted the practice of euthanasia.769 In principle, there are such provisions in their legal documents, but practically there is little that is done in terms of the implementation of their laws.770 Many African countries have simply remained silent on the matter, although indirectly some people are inclined to follow their traditional cultural values that respect the preservation of life. In some cultures, people practise the act of killing children who are born with physical and mental disabilities, especially in those cultures which believe in witchcraft.771 Witchcraft plays a major role in the execution of the norms that favour the elimination of children with challenges.
Sometimes death is induced by some traditional medicine experts, who use the mixture of fatal herbs and roots that cause instant death of the child.772
768 Ibid.
769 McQuoid-Mason, D.J., (2015), Medicine and the Law: Doctor-Assisted Suicide: What is the Present Legal Position in South Africa? In South African Medical Journal, Durban: SAMJ, Volume 105, Issue No. 7.
105(7):526-527. Posted on December 18, 10:20 GMT. The current legal position in South Africa is that the court clearly stated that each application for doctor-assisted suicide by terminally ill patients who wish to die in dignity must be considered on its merits. In the case of passive euthanasia, no order is required unless the decision is challenged in a court of law while in active euthanasia, it is necessary to obtain a court order. The court order acts as a check and balance of any sort of abuse. In principle, South Africa gives provisions for euthanasia based on severely ill patients who wishes to die in a dignified way.
770 Ibid. Each case is dealt per its merits. There are no provisions for a general standard that applies to all in this country.
771 South African Law Reform Commission, (2014), The Review of Witchcraft Suppression Act 3 of 1957, Pretoria: Project 135, Issue Paper 29, 9-10.
772 Ibid.
3.8.3. THE CURRENT SITUATION OF THE CHILDREN IN KWAZULU- NATAL, SOUTH AFRICA
The current situation in South Africa, in general, is that many people seldom bother to tie the marriage knot, so that there are many young mothers who bring up their children single- handedly.773 We observe that their instances of some children might have the same mother, but different fathers. There are very few whole families in the region.774 With no proper family cohesion and communities, certain core family values are given attention due to the socio-cultural factors. The objective good may be overlooked and, to some extent, even negated, to pursue subjective choices and interests. In any family that lacks a sense of identity and belonging, human life takes a unique twist that may not favour the objective welfare of family affairs. Human life of a child with disabilities as such may lose its value and may be reduced to the state of meaninglessness. The dignity of the child with disabilities in the context of family crisis and lack of family cohesion may no longer be meaningful.
It is within this scope that the experience of the situation regarding children with disabilities remain a crucial and delicate one. Most children who were found abandoned and dumped by their siblings, according to a Health Systems Trust Annual report, indicated a similar reality.775 Records on those who were counselled indicated that most women were single mothers who could hardly cope with the situation, especially those who were confronted with the reality of having born a child with disabilities.776 It was in regard to such inhuman situations and circumstances that the Second Vatican Council treated the issue of human dignity as fungible, meaning that human dignity is something that is sacred and never to be compromised.777 The ordination was made in view of the crumbling of family life that has left so many children vulnerable. Children with disabilities will remain victims of violence and deliberate negligence, especially in the context of single parenthood. The current human situation in the country seems to be crucial, considering the number of cases that keep on appearing in the local media. Many families that are overwhelmed seem to lack the capacity to cope with the reality. There are reports of children being abandoned by their siblings and
773 Holborn, L., and Eddy, G., (2011), First Steps to Healing the South African Family. Richmond: South African Institute of Race Relations publishers, 1- 4. A Research Paper by the South African Institute of Race Relations Sponsored by the Donaldson Trust.
774 Ibid.
775 Health Systems Trust Annual Report 2014/2015. (2016), A leading Resource on Health Systems and Primary Health Care in Southern Africa. In Mail and Guardian. Issued on 22nd January. 24:00 GMT.
776 Holborn, L., and Eddy, G., (2011), First Steps to Healing the South African Family. Richmond: South African Institute of Race Relations publishers, 1- 4. A Research Paper by the South African Institute of Race Relations Sponsored by the Donaldson Trust.
777 Vatican Council II, (1965), Gaudium et Spes, 7th December, Article No. 27, 928.
some children are found dumped in adverse conditions.778 Finally, there is an assumption to the point that some single mothers, who are overwhelmed with the reality of their children’s physical and mental disabilities, might have been inducing the instant death on their children.779 From the cultural point of view, some traditional maternity attendants in some of the informal settlements in the province might have been playing a major role in the killing of children who are considered as unwanted.780 This is one of the areas where cultural systems have kept such trends of life as one of the deep secrets of society.781 It is in consideration to the above assumption that there are limited empirical data to substantiate the claims of the research especially in the context that some people are beneficiaries of the ritual killings as the case is in ritual killings of the albinos.782 Despite such cultural beliefs and the inclination to deep secrets, modern society has found certain loop-holes where information has leaked, indicating malicious practices that sometimes take place when the family is faced with the birth of a child with disabilities.
3.8.4. THE GENERAL IMPLICATIONS OF THE CONCEPTS OF HUMAN DIGNITY The concept of human dignity looked at from the theological discussion in this chapter, we observe that it plays a major role in the discourses of bioethics though sometimes confusing in some other instances.783 As noted, the conservatives and religious right wing associate the concept of human dignity with the sanctity of life thereby rooting itself in the basic core
778 Selapisa, L., (2016), A Week of 3 Dumped Babies, in http://www.thenewage.co.za/a-week-of-3-dumped- babies/, Posted on February 16, 11:01 GMT. Despite continued cases of child abandonment in South Africa, quantifying the problem is still a challenge. Three babies were reported abandoned in the past week in three provinces one of whom was found dead in a bin outside a block of flats in Pretoria. Two were found dead in a pit latrine in Shaka’s Head, KwaZulu-Natal. There is a continuous litany of children country-wide who have fallen victims of child abandonment and dumping. Most media reports indicate that child abandonment and dumping are associated or related to physical and mental conditions of the child besides the socio-economic factors that are also crucial in these matters.
779 Madisha, K., (2016), Baby Dumping Shame, in http://www.thenewage.co.za/baby-dumping-shame/, Posted on September 16, Accessed on 11:14 GMT. Health MEC Qedani Mahlangu has blamed socio-economic conditions such as poverty, unplanned and teenage pregnancy and substance and alcohol abuse for the upsurge in baby dumping. She further confirmed that children born with physical and mental disabilities and preference for certain genders are some of the drivers of baby dumping in the region.
780 Human Rights Council, (2013), Annual Report of the Office of the United Nations High Commissioner for Human Rights, On the Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development: Persons with Albinism, Geneva: HRC24/57, 6-7. There are beliefs per which the body parts of persons with albinism possess magical powers capable of bringing riches and power if used in portions produced by local witchdoctors. As noted in a recent report by the Special Representative of the Secretary-General on Violence against Children, Persons with albinism are perceived as a curse from the gods and a charm made from their body parts is considered to have magical powers that bring wealth, success, and good luck. Considering this exposition, we can affirm that midwives may play a major role in the ritual killing of children with albinism which is considered as a disorder since they are the primary observers of the child when birth takes place.
781 Ibid.
782 Ibid.
783 Shell, S.M., (2008), Kant’s Concept of Human Dignity as a Resource for Bioethics, Washington DC: Human Dignity and Bioethics, New York: President’s Council on Bioethics. Chapter 13.
values of the biblical narratives.784 Contrary to this view, the concept of human dignity has been closely linked to personal autonomy, an ethical principle which opens up avenues for people to make independent personal choices based on their personal rights, interests and goals.785 Personal choices in this regard are given priority. Further to the observation above, we noted that the concept of human dignity has been widely discussed in relation to questions of respect for human beings. In general, the concept of human dignity refers to the intrinsic value enshrined in each person regardless of any medical conditions.786 It embraces the worthiness of the embodied human life in a person.787 Finally, we acknowledge and affirm that the concept of human dignity is rooted in the religious belief that human beings have been created in the image and likeness of God and have been endowed with the capacity to reason making a person unique from other created things.788
Therefore, considering the moral evaluations of the different notions of the concept of human dignity as explored in this chapter, we will employ some notions of the concept of human dignity that would potentially inform and form a moral ground on which the formulation of the theology of human dignity for children with disabilities could be based. We further note the concept itself would be a better theory that would assist in approving the moral status of children with disabilities. It is therefore an honourable concept on which we can base our opinion about the plight of children with disabilities. We also note that even some international conventions explicitly make use of the concept in bringing about the realization of the human rights of all peoples. We will therefore apply this concept in our argument in defence of the plight of children with disabilities in the Province of KwaZulu-Natal.
Briefly, the alienation of disabled children gave rise to the following implications: Children are prevented from realising their full potential when they are dumped based on their status.
Based on the discussion above i.e. chapter one, there are conditions today which prevent children from realising their full potential. This stimulates a sense of hopelessness in their future. The reality is that children with disabilities continue being dumped and left to die on their own, with minimal human intervention.