2. REASONS FOR ABANDONING AND DUMPING OF CHILDREN WITH DISABILITIES
2.5. IMPLEMENTATION OF HEALTH POLICIES ON CHILDREN WITH DISABILITIES IN
2.5.1. COST-BENEFIT ANALYSIS
Most parts of the world are confronted with ethical questions concerning human life, especially when life itself becomes a burden to someone or to society at large.444 This is the reason some countries have capital punishment, as a means of eliminating human beings who are a menace to society. The case of children with severely disabilities is a different one.445 A person does not choose how he or she wants to be born, but nature takes its own course and babies are born. Having a physical or mental disability cannot in any way be regarded as being a menace to society446. Although this reality of living with children with
441 Umgngundlovu Disability Forum, (2010), Shadow Report to the Committee on the Rights of Persons with Disabilities, Durban: KwaZulu-Natal, 4. The Province recognizes relevant Acts and Policies on Children with Disabilities article 7 which constitutes; the Bill of rights, Children’s Act, and Child Amendment Act. It also recognizes the Convention on the rights of the Child and the African Charter on the Rights and welfare of the Child. Unfortunately, on the issue of implementation, the reports states that some children with disabilities do not have their rights respected in the same way as other children in the region. For instance, the report cited that there are cultural beliefs about disability that stigmatize disabled children. One of these beliefs is that a mother who has a child with Down Syndrome has been punished by the ancestors for being unfaithful to her husband. This results in the child and the mother being stigmatized and discriminated against. The report further states that there is limited provision of places of safety in KwaZulu-Natal for children with disabilities and therefore these children, who may need to be removed from their homes due to abuse, cannot be placed due to lack of accessibility at homes of safety and training of staff.
442 Ibid.
443 Ibid. 69.
444 The UN Convention on the Rights of Persons with Disabilities, Chapter 15, 192. The Charter states that children are marginalised; however, some groups of children such as children with disabilities, girl children and children from ethnic minorities face even greater discrimination. Children with disabilities are uniquely at greater risk for discrimination since they have a disability; that they are children and therefore more vulnerable to marginalization, exploitation, and abuse.
445 Ibid.
446 UNICEF, (2007), Promoting the Rights of Children with Disabilities, in Innocent Digest No. 13, For Every Child Health, Education, Equality, Protection, Advance Humanity, Denmark: UNICEF Innocenti Research Centre, 7-13. Children with disabilities and their families constantly experience barriers to the enjoyment of
disabilities seems to be a crucial, the general perception regarding the situations of children with disabilities in the context of extreme poverty is challenging in the region.447 Considering the high cost of living, a human person cannot avoid making certain ethical considerations and decisions that may or may not be in the best interest of the child with disabilities. It is out of such inclinations towards negative insights into human life that some people may start looking at human life as valuable only in terms of productivity.448 According to the findings above, if someone is unproductive then his or her life is valueless.449 In the context of physical and mental disabilities that totally incapacitate the child from comprehending the reality within and without, with regard to the findings presented, that life is valueless and not worth living.450 Further to this analogy is the fact that whatever investment that can be put into the child, for instance, medication, some people will automatically relate the cost of medication to be improvised against the out-put of that cost, which would be the worthiness of that life, i.e. whether the family will benefit from it or not.451
The cost benefit theory452 in this regard is very important. It has the potential to influence decision- making that would result in the abandonment and dumping of a child with
their basic human rights and to their inclusion in society. Their abilities are overlooked, their capacities are underestimated and their needs are given low priority. The objective of the current Conventional statements was to highlight the issue of human dignity, equality among all peoples including children with disabilities.
447 Ibid.
448 Banks, L.M. and Polack, S., (2011), The Economic Costs of Exclusion and Gains of Inclusion of People with Disabilities: Evidence from Low and Middle-Income Countries, London: London School of Hygiene and Tropical Medicine, 23. This section of the article explored the economic consequences of the exclusion and inclusion of people with disabilities. With the landmark passing of the United Nations’ Convention on the Rights of Persons with Disabilities, ratifying countries pledged to promote the full inclusion of people with disabilities in all areas of society. However, nations have struggled to make significant progress in implementing the commitments set forth by the Convention. Consequently, people with disabilities are still experiencing persistent inequalities on almost all indicators of social, political, cultural, and economic participation compared to the rest of the population. There is a strong theoretical basis relating poverty and disability showing that poverty is an overarching indicator of exclusion of children with disabilities. This is since investing in them would mean no productivity hence making a big loss that results in children with disabilities being side-lined.
449 Ibid.
450 The article further showed that evidence of exclusion and barriers to inclusion of people with disabilities include namely: in the areas of health, education, and other relevant services. This is since society put more emphasis on productivity on anything that money is invested. Investing money on a child with disability would be regarded as a loss due short life of a child and maybe considering also what the child can potentially manage to do seen as productivity or outcome. If people can hardly see any productivity in the child, this may lead to discard the child by any means.
451 Ibid.
452 Hanly, N., Spash, C.L. and Elgar, E., (2003), Cost-Benefit Analysis and the Environment, Cornwall: MPG Books Ltd, 9-11. In this book, cost-benefit theory is defined as location/relocation of resources being proposed and the population of gainers and losers to be considered. No resources could be allocated where there is no anticipation of gain. i.e. what is appraised must be known otherwise if there is full knowledge then it is risky to make any investment. This discourse uses this definition to apply to the situation of children with physical and mental disabilities. The understanding is that many people consider the above theory in dealing with socio- economic issues of children with disabilities. If they come to realize that there is evidence of productivity for investing in the child with disabilities, then in the context of extreme poverty that many people are living, then
disabilities.453 This is a reality even today for most families who are confronted with the birth of the child who has severe physical and mental disabilities. Some families in the rural settings are too poor to engage medical treatment befitting the situation of this child.454 They are consequently left in traumatic situations that cause a dilemma.455 They simply do not know what to do with the child who has physical and mental disabilities. This is the situation per this discourse that might be the driving force behind the acts of getting rid of the child with disabilities. The present project poses a moral question concerning people’s perception towards children who are born with physical and mental disabilities. The sanctity of life456 is highly compromised in this regard. Failure to acknowledge the sanctity of life ethic is tantamount to creating a society where human life will be exposed to such inhuman experiences as the abandoning or dumping of children with disabilities in the region.457 Councillor Collin Brewers made terrible remarks on BBC radio, saying:
“Disabled children cost too much and should be put down. To this effect, the man has remained defiant and he has refused to stand down, saying: It is not something I would consider resigning over. I believe I am doing a good job.” 458
This is the mentality that some people in the region might be nursing. They cause a tremendous damage to human life and human development. Such retrogressive ideologies will not sustain and achieve the millennium goals prescribed in the policy.
it would be risky and big loss to invest in the child with disabilities. This is based on the issue of stereotype sentiments but rather socio-economic condition they are living.
453 Ibid.
454 SAHRC and UNICEF, (2014), Poverty Traps and Social Exclusion among Children in South Africa, Pretoria: SAHRC, 156. The research presented in chapter 2 indicated that South Africa has made considerable progress in reducing the extent of poverty and social exclusion and their effects on children. However, analysis of the most recent data shows that much still needs to be done to counter the debilitating deprivation experienced by many South African Children particularly children with disabilities.
455 Ibid.
456 Harigovind, P.C., (2013), Sanctity of Human Life: Glimpses of Ethical and Jurisprudential Aspects, in International Journal of Humanities and Social Sciences Invention, ISSN (Online):2319-7722, ISSN (Print):
2319-7714, in http://www.ijhssi.org, Volume2, Issue 4, April 1, 1-5. Posted on 12 December, 2016, 10:07 GMT. The idea of Sanctity of Life given by different religious ethics makes it only as a tool to attain social equality. The divinity in human life is reasoned as the rule for protecting life. The doctrine of Sanctity of Life has been observed by legal philosophers in many ways and those discussions will give us a picture about the practical application of the rule in society. We will therefore use the concept or the theory i.e. Sanctity of Life Ethic as means of achieving full human development, realization of human rights of children with disabilities and the practical use of it in the Province of KwaZulu-Natal.
457 Ibid.
458 Daily Mail Reporter, (2013), Disabled Children Cost Too Much…., February 28, 09:42 GMT.
2.5.2. MEDICAL FACTORS THAT INFLUENCE THE DETERMINATION OF MEDICAL