4. THE THEOLOGICAL EVALUATION OF THE VARIOUS CONCEPTS OF HUMAN DIGNITY IN
4.10. THEOLOGICAL EVALUATION OF THE VARIOUS CONCEPTS OF HUMAN DIGNITY IN
disabilities. The existential realities of children with disabilities persistently rock society and pose a crucial moral dilemma. There are still families who are frustrated due the birth of a child with disabilities and they might be considering child abandonment, dumping or killing of the children with disabilities since they frustrate the aspirations of the parents, who regard them as unwanted children. John Paul II wrote the encyclical letter as a means of assisting couples, families, parents, the Church, and society at large, on how to deal with certain realities of life, namely moral dilemmas.948 It intended to bring about a message of hope for families and the infants themselves. The stand of Evangelium Vitae is clear. It is against any act of the deliberate killing of innocent human life and any other legal acts related to it.949 The encyclical upholds the sanctity of human life, in whatever form, thereby preserving the inherent right to life of any person.950 The contemporary situation presents the existential condition of children with disabilities to be one of the most vulnerable groups of people in society citing that some children with disabilities are abandoned, dumped or sometimes killed.951 The encyclical is therefore still relevant and it reminds us of the sanctity of human life, upon which the theological principle of human dignity rests and is grounded. Therefore, the sanctity of life principle ought to be one of the basic principles on all issues of morality.
It sets a good moral platform on which to build a theology of human dignity in the context of the human situation of children with disabilities in KwaZulu-Natal.
4.10. THEOLOGICAL EVALUATION OF THE VARIOUS CONCEPTS OF HUMAN
major theological thoughts and contribution concerning human dignity and how his theological views are still relevant today.
The project will now briefly evaluate the various concepts of human dignity and outline the dominant concepts that strongly influence people’s perceptions towards children with disabilities. The different concepts will be evaluated in reference to the main theological theories upon which the main teachings of the Roman Catholic Church are based. Some of the concepts that were discussed in the previous chapter were human dignity as an ethical concept, human dignity as a concept in the African anthropological and cultural debate, human dignity as a right, human dignity as freedom, human dignity as responsibility, human dignity as equity and human dignity as natural law.
4.10.1. HUMAN DIGNITY AS AN ETHICAL CONCEPT
The dominant theological theory of Gaudium et Spes on human dignity is human dignity as an image of God.954 Evangelium Vitae gave us the theory of human dignity principle that is based on the sanctity of life.955 The two theological principles upon which the two documents are based are human dignity as an image of God and the sanctity of life principle. Both principles are Biblical and rooted in the creation story of the human person.956 Human beings were created in the image and likeness of God.957 Human life was sanctified by the ensoulment of the life -giving principal, i.e. the human soul, which makes each person unique and identical to our creator.958 In reference to human dignity, St. Thomas Aquinas affirmed, that through our human reasoning and faith, we are capable of acknowledging the truth that we were created in the image and likeness of God, hence the sanctity of life.959 Creation of the human person in the image and likeness of God and the sanctity of life principle are basic fundamental realities that put human life at a higher level. It is no longer ordinary life like plant or animal life but life that is sacred, implying that it is the life of God himself.960 The integrity and dignity of the human person is based on the above relational
954 Vatican Council II, (1965), Constitution on the Church in the Modern World, “Gaudium et Spes”, Article:
12.
955 John Paul II, (1995), Encyclical Letter, “Evangelium Vitae”, Article: 52-53.
956 The Catechism of the Catholic Church, Article Nos. 1700-1709.
957 Ibid. Article No. 1701.
958 Ibid. Article No. 1703.
959 Nicholas, A., (2002), Discovering Aquinas: An Introduction to his Life, Work and Influence, London:
Darton. Longman and Todd, 56. In the Scriptum Super Sententiis, Thomas declared that in the procession of creatures there are two things to consider with respect to the creator himself namely: the divine nature from whose fullness and perfection of every creature is both effected and copied and the divine will from whose liberality and not by the necessity of nature, all these things are conferred on the creature.
960 The Catechism of the Catholic Church, Article No. 1700.
principles. In consideration to the concept of human dignity as an ethical concept on its own, we come to recognize that there are flaws hence on its own, it cannot stand to be the basis of theology of human dignity. It only makes meaning if it is associated with the sanctity of life principle, or creation in the image of God, it is subject to manipulation. Regarding its flaws and limitations, the project would not consider it as a true platform upon which we ought to formulate a theology of human dignity, particularly for children with disabilities.
In Africa, as well as at the international level, the concept of human dignity as an ethical concept has not reached a general consensus regarding its objective meaning.961 It has been manipulated and used subjectively in order to achieve personal interest or the needs of a particular group of people.962 In this case, it has shown that it can be exclusive, in the sense that while an individual or a particular group of people is pursuing an intended good, it is done at the expense of other people who are incapable of participation in the pursuit of the intended good. On moral grounds, the concept of human dignity as an ethical concept may help us to attain certain goals, but to be considered as the based upon which to develop a theology would be a lofty situation that would compromise certain basic human and Christian values.
4.10.2. HUMAN DIGNITY AS A CONCEPT IN THE AFRICAN DEBATE
Human dignity in an African context has been understood differently in comparison to Western ideas.963 In Africa, the communal element plays a major role in any scholarship or traditional debate over any issue. The “Ubuntu” philosophy is founded on the common understanding of the community.964 It is the community that decides and individuals simply execute community decisions. Individual trends of thought are always regarded as threats to the community, unless it is in time of need, when a person comes forward with a personal thought aimed at achieving the communal goal at other times individual thoughts may
961 McCrudden, C., (2008), Human Dignity and Judicial Interpretation of Human Rights, in The European Journal of International Law, Oxford: EJIL, Volume 19, No. 4, 653-654. The Universal Declaration on Human Rights was pivotal in popularizing the use of dignity or human dignity in human rights discourses. This article argues that the use of dignity beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights contexts, in the sense that there is very little common understanding of what dignity requires substantively within or across jurisdictions. The meaning of dignity is context-specific varying significantly from authority to authority.
962 Ibid.
963 Botha, H., (2009), Human Dignity in Comparative Perspective, Stellenbosch: University Press, 171. Human dignity has become an integral part of the vocabulary of comparative constitutionalism. Not only is the right to dignity proclaimed in national constitutions and international human rights instruments but it is asserted with increasing frequency that dignity is the basis of all human rights and should be used as a guide to their interpretation. From a South African perspective, human dignity is tied to what they call Ubuntu moral theory implying a collective effort for morality.
964 Battle, M., (2009), Ubuntu: I in You and You in Me, New York: Seabury Books, 1.
largely be perceived as intruding or probing too much into community issues.965 In this regard, human dignity is often defined and determined by the community. In most cases, communal beliefs heavily influence community issues.
In an African context, there is a belief in the existence of witchcraft and evil spirits who bring bad omens into families.966 When a child is born, it becomes a community activity of celebrating the existence of one more new life that would sustain the clan, tribe, and a group of people. The child therefore becomes a blessing to the community. In response to the birth of a child, the community immediately organizes certain family rituals as means of welcoming and introducing the child into particular cultural beliefs and settings.967 The child is then accorded a proper human dignity status by bringing the child to start undergoing the rites of passage rituals befitting the age of the child.968 In the context of the birth of a child with disabilities, most African beliefs clearly associate such anomalies with the work of evil spirits or witchcraft.969 In most cases, the child with disabilities would not be allowed to mix with other children, in fear of transmitting the bad omen to the others. The child is considered a curse in the family.970 There is also a common understanding that the child itself might have been born as a witch. The community ought to dispose of it before it can start operating in the family. In the first place, human identity is denied to the child with disabilities. The traditional midwives, upon examining this child, i.e. at the point of birth, unanimously and secretly do away with the child with disabilities and to cover up the saga, a miscarriage report is sent to the elders.971 The fact remains that the child is denied human dignity and integrity due to its defects. This is common practice in most African cultures.
About the two fundamental principles of human dignity as presented in Gaudium et Spes and Evangelium Vitae, namely human dignity as an image of God and the sanctity of life principle, we see that, in the African context, the debate on human dignity is biased in certain circumstances where cultural beliefs in witchcraft override Christian traditions and values.
In the context that the community mindset, based on cultural traditions, could sanction the termination of human life, this is tantamount to the total disregard of the sanctity of life.
965 Ibid.
966 Bourdillon, M.F.C., (1991), Religion and Society: A Text for Africa, Gweru: Mambo Press, P. 195- 219.
967 Ibid.
968 Ross, E., (2010), African Spirituality, Ethics, and Traditional Healing – Implications for Indigenous South African Social Work Education and Practice, in a Journal SAJBL, Johannesburg: Department of Social Work, School of Human and Community Development, Volume 3, No. 1, 44.
969 Ibid.
970 Ibid.
971 Ibid. In Africa, we still have latent beliefs i.e. there are a lot of things that are done and kept as tribal secrets only comprehensible to cultures.
Such instances are common in secretive circles of certain cultures. Cultural beliefs over-ride and compromise basic Christian beliefs that would protect and sustain the life of the child.
Unfortunately, the project could not consider such debates in the process of the formulation of the theology of human dignity for disabled children.
4.10.3. HUMAN DIGNITY AS A RIGHT
Human dignity as a right is one of the dominant concepts that every individual person and the society at large is aspiring for.972 Human rights have been pivotal in the establishment of law and order in society. Unfortunately, in certain quarters, the human person still suffers from different sorts of abuses. The inherent right to life is heavily compromised hence children who are born with acute physical and mental disabilities make up one of the major groups of those who are the most vulnerable due to human rights abuses.973 Human rights would be meaningless if they were not rooted and grounded on the sanctity of life principle and on the principle that human beings were created in the image and likeness of God, which gives them human dignity.974 Human dignity as a right would be limited to suffice for the promulgation of a theology of human dignity. At the same time, it is one of the strongest concepts that realises the core meaning of being created in the image of God. It strongly accomplishes the goals of the sanctity of life principle. It would therefore contribute positively to the formulation of a theology of human dignity. It has a universal touch that is attributed to the sanctity of life and being created in the image of God.
4.10.4. HUMAN DIGNITY AS FREEDOM AND RESPONSIBILITY
Human dignity as freedom and responsibility is a basic ethical concept that directly points to human dignity as a right.975 As human beings, we possess the intellectual faculty that helps us to know and at the same time, we have been created in the image and likeness of God, possessing the freewill that enables us to do things that we want to do.976 We have the capacity to use freewill in our best interest though to some extent our freewill is limited, to a certain degree, by the element of duty.977 As long as we claim our rights when they are abused, we also have a duty to act in a responsible manner. Freedom and responsibility as
972 McCrudden, C., (2008), Human Dignity and Judicial Interpretation of Human Rights, in The European Journal of International Law, Oxford: EJIL, Volume 19, No. 4, 653-654.
973 Ibid.
974 Mallia, P., (1981), On Human Rights, Nairobi: St. Paul Publications Africa, 7.
975 McCrudden, C., (2008), Human Dignity and Judicial Interpretation of Human Rights, in The European Journal of International Law, Oxford: EJIL, Volume 19, No. 4, 653-654.
976 The Catechism of the Catholic Church, Article No. 1700-1709.
977 Ibid.
ethical concepts are key realities that determine and moderate our morality.978 They are means to achieve the common objective.
Freedom and responsibility ought to play a major role in the formulation of a theology of human dignity. They are partly dominant in other forums, unfortunately they have often been abused, to the detriment of the lives of innocent people in society. Freedom has been a tool for most people in the process of pursuing subjective good, but has sometimes resulted in a situation of hate and suffering.979 The project therefore ought to be extra cautious and prudent in the manner of using these ethical concepts, as they can mislead the current scholarship, to a certain degree. All the same, such concepts are indispensable ones, in the sense that we cannot do without them. The project will utilize them as backing points for a theology of human dignity.
4.10.5. HUMAN DIGNITY AS EQUITY AND NATURAL LAW
Human dignity as equity and natural law are mostly of the most over-looked concepts, yet they contain rich ideals that would ameliorate for most of our problems in society today.980 Equity implies giving someone what he or she needs. The emphasis is on one’s needs and not what someone wants. As human beings, unique as we are, we have different needs that are necessary for our lives. For instance, children with disabilities have special needs specific for them to live a good life. They deserve special medical and social treatment. Their lives can only be sustained by others.981
Equality is different from equity, even though we are all equal in terms of human dignity.982 We are all equal in the sense that we are all created in the image and likeness of God and that our lives are sacred.983 This is common to all human beings. In terms of equity, we do not need equal treatment to live. Other people, in consideration of their condition, they need
978 Hӓring, B., (1963), The Law of Christ, Freiburg: The Mercier Press Ltd, Vol. One, 47.
979 Ibid. 108-111.
980 Harris, J. and Sulston, J., (2004), Genetic Equity, in Nature Reviews Genetics, in http://www.nature.com/nrg/journal/v5/n10/full/nrg1454.html, Posted on February 5, Cited on 03:10 GMT. The paper proposes, elaborates, and defends a principle of genetic equity. In doing so it articulates, explains, and justifies what might be meant by the concept of human dignity clearly, defensible, and consistent with, but different as, the plethora of appeals to human dignity found in contemporary bioethics, and particularly in international instruments on bioethics. We propose the following principle of genetic equity: humans are born equal; they are entitled to freedom from discrimination and equality of opportunity to flourish; genetic information may not be used to limit that equality.
981 Pais, J., (1991), Suffer the Children: A Theology of Liberation by a Victim of Child Abuse, New York:
Paulist Press, 23. Janet Pais quoted Mark 9:36-37: “And he took a child and put him amid them and taking him in his arms, he said to them, whoever receives one such child in my name receives me and whoever receives me, receives not me but him who sent me.”
982 Harris, J. and Sulston, J., (2004), Genetic Equity, in Nature Reviews Genetics, in http://www.nature.com/nrg/journal/v5/n10/full/nrg1454.html, Posted on February 5, Cited on 03:10 GMT.
983 The Catechism of the Catholic Church, Article No. 1700-1709.
more treatment and attention than others. This does not mean denying others their rights, rather it is a way of responding to the call of natural justice. Nature has presented to us certain realities that simply need more attention.
This links well with natural law i.e. the unwritten law inscribed in our hearts.984 As human beings, we have conscience, the inner divine faculty that helps us to make choices.985 In this case, when we are confronted with the birth of a child with disabilities, we do not need the written law to know that doing away with this child is wrong. We only need our well- informed conscience, the unwritten law, i.e. natural law, to know that the child needs support to live. Human dignity as equity and law are vital tools that could enrich the project to formulate an excellent theology of human dignity for disabled children. Human dignity as equity and natural law are unique compared to the sanctity of life principle and the image of God. They are not Biblical in outlook and have the potential to attract a wide range of followers. The research project will strongly consider their ideal values and incorporate them in the formulation of a theology of human dignity for children with disabilities.
4.9. THOMISTIC VIEW OF HUMAN DIGNITY: THE PERMISSIBILITY OF TAKING