n South African Journal on Human Rights - An analysis of the contribution of the South African Human Rights Commission to protecting and promoting the rights of children
|Article Title||An analysis of the contribution of the South African Human Rights Commission to protecting and promoting the rights of children|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal on Human Rights|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2012|
|Pages||553 - 585|
ISI Social Science
The development of reproductive technologies in the last century, such as effective contraceptive methods, artificial insemination, pre-implantation genetic diagnosis, amongst others, has fundamentally reshaped traditional concepts of reproduction parenthood and has raised practical and ethical concerns. This article describes one such development, namely, post-mortem gamete retrieval (PMGR) for the purposes of posthumous reproduction. In exploring the particular concerns arising from this technology, I argue that South Africa lacks a coherent, considered approach to the issue. In considering models adopted in overseas jurisdictions, and the various bases for the legalisation of such a procedure, I adopt an interest theory of rights to argue for restricted access to such a technology in suitable circumstances.
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