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26 April 2023 | Story Kelebogile Boleu and Jean-Paul Pophaim | Photo Supplied
Jean-Paul Pophiam and Kelebogile Oliver
Kelebogile Boleu and Jean-Paul Pophaim, lecturers at the Department of Criminology, University of the Free State and Governing board members at Kidz Care Trust

Opinion article by Kelebogile Boleu and Jean-Paul Pophaim, Lecturers at the Department of Criminology, University of the Free State and Governing board members at Kidz Care Trust.
Freedom Day commemorates the first democratic elections held in post-apartheid South Africa on 27 April 1994. This day reminds us of the immeasurable sacrifices made by individuals and groups to help break the chains of unjust segregation and bring about the promotion of equality, fairness and basic human rights for all South Africans. This day not only marks our emancipation as South Africans, but reminds us of the constitutional promise of peace, hope and a brighter tomorrow for everyone. Over the past few years, many South Africans have begun to question this monumental rise to freedom, with all of the challenges we have been facing as a country – having one of the highest youth unemployment rates globally, social challenges associated with housing, education and the lack of access to basic needs such as food, electricity and water. We are 28 years into democracy and some individuals have yet to experience freedom and enjoy their basic human rights to the fullest. A prime example of this would be our country’s homeless population. Forced to exist in the most marginal and rundown conditions, the homeless are often treated as second-class citizens, criminalised, ostracised and deprived of their most basic human rights on a daily basis.  

The fallacy of freedom for the homeless 

At the dawn of democracy, it was assumed that freedom and human rights for all would be an automatic process. However, this remains untrue in the lives of the marginalised and destitute. The homeless face many barriers in society regarding access to their basic human rights and services to acknowledge and support a life of dignity, equality and respect. Based on a devalued social status and the stigma attached to life on the street, many homeless people are forced to exist in spaces devoid of their innate right to freedom as alluded to in a previous publication . The homeless face immense challenges when seeking assistance from SA Police Service officials when they attempt to make use of healthcare services and other social service sectors. The discomfort they create for other members of society is inhumanely vocalised and enforced in various ‘public spaces’ – where their unwelcome presence is solidified by the treatment they are subjected to. Street-living youth are deprived of their childhoods, bearing the challenges of a broken society – unable to enjoy their youth, attend school, play with friends and realise their potential to be the leaders of tomorrow. 

When we see children begging on the street, we often ask ourselves – where are their parents and why are they not in school? Or we simply assume they are naughty or deviant and probably do not know the value and importance of education. The majority of the broader society are quick to judge and hardly ever go a step further to consider the ‘bigger picture’. The reality is that most of these children have no adult figure or support system in place and as a result often turn to unconventional survival strategies which include various petty crimes and sex work just to secure a meal. The last thing on their minds is going to school and even if they find a school that is willing to accept them, many do not have the necessary documentation required at admission (birth certificates amongst others). Although we do have a few good policies in place for children, the situation for street-living youth remains bleak – as many of them do not fit the narrative of a school-going child and as a result face severe cases of marginalisation, discrimination, bullying and unfair treatment by peers and educators alike. Despite these challenges, organisations such as Kidz Care Trust (KCT) remain committed to continue advocating for the rights of the child.

Efforts by Civil Organisations

Civil organisations in South Africa have always played an instrumental role in righting the wrongs of our unequal society. Many organisations continue to pick up the slack and assist in creating a more dignified life, one that is aligned with the premise of our democratic Constitution. To draw focus to our involvement and affiliation with KCT, since its establishment, the trust has been responsible for rendering life-changing services to children living and working on the street with the purpose of reuniting them with their families and communities. Due to the ongoing violation of children’s rights and freedom, KCT focuses on restoring hope where there is hopelessness, distrust and disrespect by a sometimes, unforgiving society confronted with children living and surviving on the street. 

To raise awareness and promote the fight for equal rights and absolute freedom for all street-living youth and adults, we thought it would be fitting to share some of the most heart-warming success stories achieved by the trust to date. Currently one of the boys at KCT is completing his matric, another has been placed in a high school and several others are enrolled at a nearby primary school – with one grade 7 pupil achieving perfect and high scores for his assessments – proving once again that anything is possible with a bit of support. For the purposes of the next story, an alias has been used to protect the identity of the individual involved: 

A young man fighting for his right to be a responsible and contributing citizen

Tristan’s story is one filled with hardships and challenges that stretch far beyond the imagination of the average South African citizen. Through hard work, sheer willpower and the determination to succeed – Tristan managed to overcome the adversity that started at the age of just three, when he was abandoned by his family. 

Tristan was placed into foster care, only for his foster parent to pass away and he ended up in the tentative care of an elderly neighbour. Tristan knew that he did not have much time to live with the neighbour and decided to move to the street at the age of 10. This is where he crossed paths with KCT. Tristan was part of a group of street children who begged at the traffic lights near Mimosa Mall in Bloemfontein during peak times. While he found refuge with this group of children, he started sniffing glue and smoking cannabis (dagga). He battled the cold, faced starvation and violent attacks while on the street. Tristan moved into the KCT Child and Youth Care Centre when he was 12 years old, initially struggling to adapt to the rules and routines of the centre. As a result, he got into a lot of altercations with other boys at the centre. His issues with substances (glue and cannabis) and claiming that he felt like a failure due to his challenges at school, led to him running away from the centre a number of times. The children’s court then ordered Tristan to attend Jimmie Roos School. As things started to improve, he turned 18 and the system no longer had room for him. He couldn’t find employment and decided to move in with a friend in a township which was when he was revisited by his previous challenges with substance abuse. Eventually, unable to cope, he contacted KCT and they decided to include him in their youth programme – where he was taught cooking, gardening, cleaning and work etiquette skills. After acquiring his identity document, Tristan was enrolled for an in-service training programme at Kopano Nokeng Conference Centre. The person who assisted him was so impressed by his performance and ambition to succeed that Tristan was later offered part-time employment as a waiter and to assist with organising events. Today, Tristan has full-time employment as a caretaker and also takes care of his 93-year-old grandfather.

This is one of many stories KCT can share with pride – showing that a rough start does not always mean a rough ending. On days such as this it is important to reflect on the struggles that led to the celebration of Freedom Day and to remember what freedom truly means and that it should be a reality for all. 

“Be kind, for everyone you meet is fighting a battle you know nothing about” ~ Wendy Mass. 

News Archive

Stem cell research and human cloning: legal and ethical focal points
2004-07-29

   

(Summary of the inaugural lecture of Prof Hennie Oosthuizen, from the Department of Criminal and Medical Law at the Faculty of Law of the University of the Free State.)

 

In the light of stem cell research, research on embryo’s and human cloning it will be fatal for legal advisors and researchers in South Africa to ignore the benefits that new bio-medical development, through research, contain for this country.

Legal advisors across the world have various views on stem cell research and human cloning. In the USA there is no legislation that regulates stem cell research but a number of States adopted legislation that approves stem cell research. The British Parlement gave permission for research on embryonic stem cells, but determined that it must be monitored closely and the European Union is of the opinion that it will open a door for race purification and commercial exploitation of human beings.

In South Africa the Bill on National Health makes provision for therapeutical and non therapeutical research. It also makes provision for therapeutical embryonical stem cell research on fetuses, which is not older than 14 days, as well as for therapeutical cloning under certain circumstances subject to the approval of the Minister. The Bill prohibits reproductive cloning.

Research on human embrio’s is a very controversial issue, here and in the rest of the world.

Researchers believe that the use of stem cell therapy could help to side-step the rejection of newly transplanted organs and tissue and if a bank for stem cell could be built, the shortage of organs for transplants would become something of the past. Stem cells could also be used for healing of Alzheimer’s, Parkinson’s and spinal injuries.

Sources from which stem cells are obtained could also lead to further ethical issues. Stem cells are harvested from mature human cells and embryonic stem cells. Another source to be utilised is to take egg cells from the ovaries of aborted fetuses. This will be morally unacceptable for those against abortions. Linking a financial incentive to that could become more of a controversial issue because the woman’s decision to abort could be influenced. The ideal would be to rather use human fetus tissue from spontaneous abortions or extra-uterine pregnancies than induced abortions.

The potential to obtain stem cells from the blood of the umbilical cord, bone-marrow and fetus tissue and for these cells to arrange themselves is known for quite some time. Blood from the umbilical cord contains many stem cells, which is the origin of the body’s immune and blood system. It is beneficial to bank the blood of a newborn baby’s umbilical cord. Through stem cell transplants the baby or another family member’s life could be saved from future illnesses such as anemia, leukemia and metabolic storing disabilities as well as certain generic immuno disabilities.

The possibility to withdraw stem cells from human embrio’s and to grow them is more useable because it has more treatment possibilities.

With the birth of Dolly the sheep, communities strongly expressed their concern about the possibility that a new cloning technique such as the replacement of the core of a cell will be used in human reproduction. Embryonic splitting and core replacement are two well known techniques that are associated with the cloning process.

I differentiate between reproductive cloning – to create a cloned human embryo with the aim to bring about a pregnancy of a child that is identical to another individual – and therapeutically cloning – to create a cloned human embryo for research purposes and for healing human illnesses.

Worldwide people are debating whether to proceed with therapeutical cloning. There are people for and against it. The biggest ethical objection against therapeutical cloning is the termination of the development of a potential human being.

Children born from cloning will differ from each other. Factors such as the uterus environment and the environment in which the child is growing up will play a role. Cloning create unique children that will grow up to be unique individuals, just like me and you that will develop into a person, just like you and me. If we understand this scientific fact, most arguments against human cloning will disappear.

Infertility can be treated through in vitro conception. This process does not work for everyone. For some cloning is a revolutionary treatment method because it is the only method that does not require patients to produce sperm and egg cells. The same arguments that were used against in vitro conception in the past are now being used against cloning. It is years later and in vitro cloning is generally applied and accepted by society. I am of the opinion that the same will happen with regard to human cloning.

There is an argument that cloning must be prohibited because it is unsafe. Distorted ideas in this regard were proven wrong. Are these distorted ideas justified to question the safety of cloning and the cloning process you may ask. The answer, according to me, is a definite no. Human cloning does have many advantages. That includes assistance with infertility, prevention of Down Syndrome and recovery from leukemia.

 

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