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27 March 2024 | Story Valentino Ndaba | Photo Sonia Small
Human Rights 18 March 2024
Vanessa Rose September, Chair of the Albie Sachs Trust, hands over donated books to Prof Serges Kamga, Dean of the Faculty of Law at the University of the Free State.

Echoing the words of Nelson Mandela, Prof Francis Petersen, the Vice-Chancellor and Principal of the University of the Free State (UFS), emphasised the profound significance of human rights. “To deny people their human rights is to challenge their very humanity,” he said during his opening address at the Human Rights Celebration held by the UFS Faculty of Law on 18 March 2024.

Acknowledging the pivotal role played by stalwarts such as Emeritus Justice Albie Sachs and Sir Sydney Kentridge, Prof Petersen delved into the strides made since the inception of South Africa’s contemporary constitution.

Underlining the university’s unwavering commitment to human rights, Prof Petersen added, “For universities, it remains critical that every aspect of academic life is viewed through the lens of human rights. The principle of equality lies at the centre of our purpose and operations.”

Furthermore, Prof Serges Kamga, Dean of the Faculty of Law, highlighted the institution’s vision encapsulated in Vision 130, striving to produce graduates who embody excellence and contribute to societal transformation.

Panel discussion: Sir Sydney Kentridge’s enduring legacy

Former Justice Zak Yacoob, renowned for his tenure at the Constitution Court of South Africa, paid tribute to Sir Sydney Kentridge in a panel discussion focusing on Kentridge’s contributions to human rights both nationally and internationally.

Reflecting on his personal experiences working alongside Sir Kentridge, Justice Yacoob highlighted the practical essence of human rights advocacy. He recounted Sir Kentridge’s seminal role in shaping the constitutional court’s early judgments, particularly emphasising the incorporation of human dignity into the constitutional framework.

Justice Yacoob’s insights shed light on the profound impact of Sir Kentridge’s jurisprudence on society, particularly in shaping notions of dignity, equality, and freedom. “The contribution he made was absolutely amazing. He wrote the first-ever judgement delivered by that court in April 1995. It was the first judgement that brought forth the issue of human dignity and its importance.”

Joining the discussion were esteemed panelists including Honourable Madam Justice Yvonne Mbatha and Dr Adri Du Plessis, who provided expert commentary on Sir Kentridge’s contributions to the legal fraternity. The discussion was moderated by Prof Elsabe Schoeman, Dean of the Faculty of Law at the University of Pretoria.

Honouring legal icons

Vanessa Rose September, Chair of the Albie Sachs Trust, presented books donated by the trust. The biography titled Arthur Chaskalson: A life dedicated to justice for all chronicles the life of Chaskalson, a towering figure in South Africa’s legal landscape.

Emeritus Constitutional Court Justice Albie Sachs delivered a thought-provoking lecture, pondering the question of whether there is cause for celebration on the 30th anniversary of human rights in South Africa.

With a rich history of activism and legal scholarship, Justice Sachs reflected on the evolution of South Africa’s judiciary and the enduring legacy of the Constitutional Court. Despite acknowledging prevailing challenges, Justice Sachs remained optimistic, citing the country’s constitutional framework as a beacon of hope and progress. “There’s lot to be angry about, there’s lots to complain about, there’s lots that has to be renounced, but there’s lots to celebrate. We’ve got a country, we’ve got a constitution, we’ve got rights, we’ve got instruments that we can use,” he said.

In conclusion, the Human Rights Celebration served as a poignant reminder of the ongoing struggle for dignity, equality, and justice, reaffirming the university’s steadfast commitment to upholding these fundamental principles in academia and beyond.

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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