Abstract
LL.M.
The right to life, which is guaranteed in section 11 of the Constitution, is a particularly important right in South Africa, especially seen in the light of the human rights violations of the apartheid-era. Firstly, this study conducts an analysis of the right to life and attempts to establish who the bearers of the right are; what the protected conduct and interests of the right are; who is bound by the right and what their responsibilities are; and whether the right can legitimately be limited in terms of section 36 of the Constitution. However, when we analyse the right to life in this way, certain problematic and controversial issues become apparent. Two of these issues are discussed in this study – namely abortion and euthanasia and assisted suicide. Before these issues can be adequately addressed, however, the study takes a stance on the value of human life, which forms the moral framework for the discussion of the specific issues. However, the primary focus of the study is the analysis of the specific issues relating to the right to life. The terminology relevant to the respective issues is discussed and the current legal position, including relevant case law and legislation, with regard to the issues is indicated. The arguments, counter arguments and alternative approaches to the issues are discussed and criticized, and consideration is given to the question to what extent the right to life, in cases of abortion and euthanasia, can legitimately be limited if the principled stance regarding the value of human life is accepted. In addition, some other jurisdictions’ experiences of and responses to these issues are also discussed. Finally the study concludes that human life (in all its forms) deserves the full respect and protection of the law, regardless of the quality of life or the capabilities of the individuals whose lives are at stake. Furthermore it is submitted that the state and every member of society has a special responsibility to respect and protect the most vulnerable and marginalised members of our community – instead of suggesting ‘quick fixes’ to desperate people.