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In the global discourse regarding germline genome editing GGE in humans stirred up by the discovery of CRISPR-Cas systems, there has once again been an upsurge in literature considering the question of whether using genetic technologies to select for particular genetic traits in future offspring is legally and ethically permissible. Thus it is often Prostitutes Lukow as a justification for prohibiting what is deemed to not to be aligned with human dignity—in other words: undignified conduct.

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Additionally, this argument entails a presumption that the use of genetic technologies emanates from the desire of parents to tailor the genes of their prospective children.

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Whether this is the case in reality, however, is disputable. The debates surrounding human dignity and its connection to the human genome discussed above are instructive of the contested nature of the concept of human dignity. The number of questions around dignity and how it might apply Prostitutes Lukow genetic technologies has led some to dismiss the Prostitutes Lukow as being entirely useless, or to Prostitutes Lukow allusions to dignity as little more than a guise to promote conformity with traditional morality.

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It is worth noting that the signatories of the Oviedo Convention including non-EU members are almost entirely either from Europe of North America. In order to explore this, in the next section, I consider how the Prostitutes Lukow of human dignity is understood in international human rights law—by Prostitutes Lukow on how this concept rose to prominence.

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Human dignity enjoys a long and complex history as a concept in legal and philosophical thought. Human dignity has since evolved into a distinct legal concept, apart from dignitas, influenced by early classical Roman writings on the concept of human beings as possessing unique moral standing. Its ephemeral nature allowed for a rhetorically compelling statement that is open to interpretation—and to ensure it remained that way, several parties involved in the drafting process insisted it remain uninterpreted.

Prostitutes Lukow this, certain core elements have been Prostitutes Lukow by scholars, which elucidate, at least to some extent, what the drafters intended for its Prostitutes Lukow to convey:. These provisions are firmly tied to an important cluster of preambular ideas: Prostitutes Lukow, that each and every human being has inherent dignity ; that it is this inherent dignity that grounds or accounts for the possession of human …; that these are inalienable rights; and that because all humans have Prostitutes Lukow, they hold these rights equally.

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What is it that qualifies us for this special moral status? The answer most commonly given in response to the above-mentioned question is that we all possess some unique characteristic or trait inherent to human Prostitutes Lukow, which ascribes unique moral significance Prostitutes Lukow us. This vision of human dignity remained highly influential in the early 20th century when Prostitutes Lukow first international human rights instruments were drafted, and when several prominent national constitutions were crafted—in the wake of World War Two.

Prostitutes Lukow accounts for the rhetorical weight behind human dignity which the drafters of the UDHR sought to draw upon, while at the same time not committing the various member states to any well-defined obligations.

It should be noted that the status of human dignity as foundational to human rights is heavily disputed. This has been attributed to the far-reaching influence of Roman-Catholic thought as a result of colonialism, and the popularity of the German Basic Law—which has been highly influential in post-war constitutionalism, and for many states Prostitutes Lukow as a model constitution.

In light Prostitutes Lukow this history, what are we to make of the meaning of human dignity as the foundational value which grounds human rights?

Thus it is often Prostitutes Lukow as a justification for prohibiting what is deemed to not to be aligned with human dignity—in other words: undignified Prostitutes Lukow.

Conflicts of this nature often arise in the biosciences, as controversial technologies present possibilities, which some perceive to be unpalatable, while others view the use of these technologies to be an expression of their human rights. While some—such as the European Parliament—have used dignity as a constraint to justify prohibitions of genetic manipulation, their opponents have also argued for a right Prostitutes Lukow use these technologies by relying on human dignity as empowerment.

As alluded to above, this appears to have been an integral element of its design.

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Rather than prescribing a singular meaning to human dignity, individual states are left free by the international bill of rights to give this concept their own interpretations.

Ergo, whether a commitment to respect for human dignity demands Prostitutes Lukow prohibition of GGE in any particular state is not something that Prostitutes Lukow be determined with reference to international human rights documents alone, but, rather, turns on the conceptualization of human dignity within a particular state.

What the Constitutional Court makes clear in this case is that while Ubuntu may be viewed in some ways as having collectivist leanings, the version of this does not preclude the existence and protection of individual human rights.

To further illustrate this point, I now consider how the concept of human dignity has been interpreted in South Africa. Human dignity appears as one of the Prostitutes Lukow provisions of the South African Constitution:. Prostitutes Lukow Republic of South Africa is one, sovereign, democratic state founded on the following values:. Everyone has inherent dignity and the right to have their dignity respected and protected.

De Waal et al. In Ferreira v.

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Levin the Constitutional Court held:. Human dignity has little value without freedom; for without freedom personal development and fulfilment are not possible. Prostitutes Lukow freedom, human dignity is little more than an abstraction.

Freedom and dignity are inseparably linked. To deny people their freedom is to deny them their dignity. Since the Interim Constitution, the value of human dignity has been held by Prostitutes Lukow courts to Prostitutes Lukow the foundation of freedom to exercise a wide array of individual rights, including the right to vote, 62 the right participate in the legislative process, Prostitutes Lukow the right to choose a vocation, 64 and the right to security of tenure 65 —to name Prostitutes Lukow few.

This is further evidenced by the fact that human dignity as empowerment is not only limited to rights contained in the Bill of Rights. It may also be observed in the number of cases relating to freedoms that are not—strictly speaking—provided for in the Constitution, including the freedom to own property, 66 freedom of testation, 67 and freedom of contract. Relying on the oft-quoted dictum by Ngcobo J in Barkhuizen v.

Slip Knot Investments 70 held that:.

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There is a countervailing policy consideration, also Prostitutes Lukow on constitutional values, Prostitutes Lukow comes into play here. Despite the nexus Prostitutes Lukow the founding value of freedom Prostitutes Lukow human dignity evident here, human dignity has also occasionally been utilized as a justification for the limitation of individual freedoms. Director of Public Prosecutions73 in which the Constitutional Court upheld the constitutionality of the criminalization of the possession of child pornography.

In this case, the Constitutional Court acknowledged that legislation providing for this may be a limitation of the rights to freedom of expression and privacy. The degradation of children through child pornography is a serious Prostitutes Lukow, which impairs their dignity Prostitutes Lukow contributes to a culture which devalues their worth. Society has recognised that childhood is a special stage in life, which is to be both treasured and guarded. The State must ensure that the lives of children are not disrupted by adults who objectify and sexualise them through Prostitutes Lukow production and possession of child pornography.

There is obvious Prostitutes Lukow harm suffered by the victims of sexual abuse and by those children forced to yield to the demands of the paedophile and pornographer, but there is also harm to the dignity and perception of all children when a society allows sexualised images of children to be available.

The chief purpose of the statutory prohibitions against child pornography is to protect the dignity, Prostitutes Lukow, and integrity of children. What may seem at first to be inconspicuous exposition on the foulness of child sexual exploitation, and Prostitutes Lukow devastating impact this has on all children—upon closer inspection raises pressing legal questions. Most significantly, whether Langa DCJ is here to be understood as asserting that dignity, in addition to being a right held by individual children as bearers of human rightsis also a right which is held collectively by all children.

Such an assertion would contradict the well-established legal principle that rights in the Bill of Rights are only afforded to legally recognized persons, ie a bearer Prostitutes Lukow rightsand so one cannot institute legal action for a breach of rights unless their own rights have been violated.

To illustrate the dangers of an extra-personal account of human dignity, reference to the Constitutional Prostitutes Lukow judgment of S v. Jordan is necessary. But Ngcobo J, writing for the majority, did not agree with this view. Ngcobo J merely expressed his agreement with the conclusion reached in the judgment of the minority Prostitutes Lukow the question of dignity, 82 which stated:. Our Prostitutes Lukow values human dignity which inheres in various aspects of what it means to be a human Prostitutes Lukow.

One of these aspects is the fundamental dignity of the human body which is not simply organic. Prostitutes Lukow is it something to be commodified. Our Constitution requires that it be respected. We do not believe that section 20 1 aA can be said to be the cause of any limitation on the dignity of the prostitute.

To the extent that the dignity of prostitutes is diminished, the diminution arises from the character of prostitution Prostitutes Lukow. Even though we accept that prostitutes may have few alternatives to prostitution, the dignity of prostitutes is diminished not by section 20 1 aA but by their engaging in commercial sex work. The very character of the work they undertake devalues the respect that the Constitution regards as inherent in the human body.

This discussion will touch on but a few of the problems with how the court dealt with the application of human dignity in Jordan. While there are provisions in the South African Constitution that refer to the human body, such as the right to bodily integrity, 85 it is readily apparent from the wording that these rights exist to protect the person, who is the bearer of rights, and not the body per se.

Herein lies the fundamental problem with the extra-personal account of human dignity. It permits the framing of what activities are an affront to human dignity—in other words, what constitutes undignified conduct—to be based purely on the viewpoint of judges and lawmakers on that activity, which are often shaped by popular sentiment.

This can lead to absurd and far-reaching consequences when we move beyond conduct that is widely accepted to be undesirable Prostitutes Lukow as the sexualization of children and bestiality 87 —to less clear Prostitutes Lukow where reasonable men and women may differ on whether a particular act is so morally objectionable as to be prohibited on the grounds that it is contrary to human dignity.

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Take for instance, the renowned French case in which the courts held it was contrary to human dignity for women to wear burqas or other full-face coverings, even where women themselves wanted Prostitutes Lukow wear them. That this line of thinking, if employed by our courts, would be hostile to South Prostitutes Lukow jurisprudence on the integral link between individual freedom and human dignity is patent.

Neomi Rao opines that the ability to use dignity to justify whatever position the judges prefer is part of the reason the concept has become popular with constitutional courts around the world:. Dignity may be appealing as a legal concept precisely because it obscures difficult choices about what we value and the type of freedom Prostitutes Lukow rights we wish to protect.

The obfuscation may allow judges to use dignity with the hope that it can mean a number of different things and that perhaps there need not be a tradeoff between the dignity of individual liberty and autonomy and the dignity of social belonging and equality.

But the choices and Prostitutes Lukow between values are part of the human condition. Dignity talk is thus used to avoid critical engagement Prostitutes Lukow the nature Prostitutes Lukow the balance between individual freedom and widely held opinions on Prostitutes Lukow particular activity which is an exercise of freedom.

In my view, that this can be the case undermines the rule of law. The De Reuck and Jordan cases paint a picture of the danger of extra-personal accounts of human dignity being utilized in framing dignity as a constraint: it paves the way for arbitrary enforcements of pure morality dressed in human rights talk.

And so, Prostitutes Lukow judges and lawmakers speak of certain conduct as violating human dignity, such limitations may themselves be violating human dignity by failing to meet constitutional muster as limitations that are reasonable and justifiable in an open and democratic society.

Our courts have thus far only alluded to the existence of an extra-personal human dignity in very few cases. As such, there has yet to be a critical assessment of this concept, and, in my view, the way it has been applied thus far would not survive proper judicial inspection.

I suggest that part of the reason for this is that the extra-personal account of human dignity—as employed by our courts thus far—is heavily steeped in Eurocentric ideologies about inherent moral worth, autonomy, and the limitation thereof, and therefore we ought to adopt an approach to utilizing dignity as a constraint in a way that recognizes our commitment to treating individuals with Ubuntu. In the following section, I expand on this argument.

The Prostitutes Lukow discussion elucidates how the view of dignity as contrary to genetic selection espoused in the Oviedo Convention and UDHRHG is contingent on human personhood being linked to the concept of a unique Prostitutes Lukow genome. This view of human dignity exemplifies genetic determinism, as it presupposes that the moral significance of the human Prostitutes Lukow ie Prostitutes Lukow dignity is intrinsically linked to their Prostitutes Lukow. There are varying perspectives on human personhood and, by extension, varying conceptions Prostitutes Lukow human dignity in African philosophical thought.

Does human germline genome editing violate human dignity? An African perspective - PMC

Reference Prostitutes Lukow Ubuntu is prominent in ethics literature in Southern Africa, because it is said to embody the various areas of commonality in the value systems, beliefs, and practices of African cultures.

Eze delineates this view of personhood from the Western perspective as such:. While we presuppose rationality to all persons, rationality need not be the only Prostitutes Lukow to determine who is a human being. More critical for the current purposes is the understanding of a person as located in a community where being a person is to be in a dialogical relationship in this community. Prostitutes Lukow theory of personhood, which I term the African communitarian theory of personhood, is central to the Ubuntu ethic.

There are, broadly speaking, two tenets to this theory: i Personhood is essentially a journey of self-realization, and one progresses along this journey by acting in a morally upright or Prostitutes Lukow way; ii The attainment of said self-realization can only occur in communion with others ie a communitybecause of the fundamentally social nature of Prostitutes Lukow human being.

Clearly, the community here plays a crucial Prostitutes Lukow. The point of the community, in terms of the communitarian view of personhood, is to be the prescriber of norms and values. This relationship between the person and the community is demonstrated by renowned Ubuntu philosopher Mogobe B. Rather, it is a recognition that they have acted as a person ought to act toward other humans.

This view of Prostitutes Lukow may also be observed in the impact of this philosophy on the South African legal system. Various Occupiersthe effect of Ubuntu Prostitutes Lukow not been to depart from recognizing the value of the individual, but rather to redefine it. How does this relate to how one might perceive human Prostitutes Lukow Metz, Prostitutes Lukow argues that the Ubuntu ethic provides the most tenable case for an African theory of human dignity, describes this theory as follows:.

A … conception of human dignity that has a recognizably African pedigree is the idea that we are more special than rocks, plants and animals in virtue of our capacity for communal relationship. In other words, according to the African communitarian theory of personhood, the capacity for personhood is the nexus of human dignity; Prostitutes Lukow, this capacity alone does not make a complete person, as personhood must be actualized through dialogical human relations. As such individuals, must have the freedom to commune with other persons in their community who also have this capacitybut the Prostitutes Lukow expression of this freedom requires individuals always treat others with Ubuntu.

The African communitarian theory of personhood provides a compelling reason to be skeptical of, and to depart from, the genetic determinism ingrained in the view of human dignity as espoused in the Oviedo Convention and UDHRHG. To be sure, because of the importance given to hereditary in African cultures, the genome as the unit of hereditary commands respect.

But this respect does not entail co-opting the Western approach of tying the moral significance of human beings to their genomes, and thus equating genetic selection to human selection. Prostitutes Lukow said, if a potential application of Prostitutes Lukow technology caused a child Prostitutes Lukow be born with no capacity for autonomy, this would render that child unable to engage with his community in the manner needed to develop his or her personhood, and become a fully actualized person.

This kind of genetic modification would be viewed as undignified conduct. In summation, the critique against the extra-personal account of human dignity is primarily that it relies on the attribution of legal rights to non-persons, that is, the construct of humanity as a whole or a particular society. An idea which, in liberal democracies like South Africa that view rights as something intrinsically tied to personhood, cannot hold.

Again, this is a problematic position for any state in which respect for individual rights is taken seriously, and are regarded as either wholly inviolable, or as only capable of being limited within specific circumstances.

Simply put, human dignity as a constraint, based on the extrapersonal account, seems Prostitutes Lukow be unjustifiable in the context of liberal democracy which regards respect for individual Prostitutes Lukow as a highly Prostitutes Lukow value. Does it then follow from this that dignity as empowerment is the lens through which the global discourse should assess GGE? While this might be the case for some states, even with this conceptualization of human dignity, it is important to be mindful of the fact that it emerges from a particular philosophical tradition, and was shaped by a cultural reality, which is not universal.

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Simply put, human dignity as a constraint, based on the extrapersonal account, seems to be unjustifiable in the context of liberal democracy which regards respect for individual liberty as a highly regarded value. For him, the once-a-week sexcapade is an addiction he cannot do without. Another fun thing to do in Amsterdam is touring the city on a beer bike.
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But this respect does not entail co-opting the Western approach of Prostitutes Lukow the moral significance of human beings to their genomes, and thus equating genetic selection to human selection. For further references to cases that illustrate Ubuntu and as respect for persons, see Prostitutes Lukow.

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I. INTRODUCTION
In South African law all rights, including human dignity, may be limited under certain specified circumstances, as alluded to above, and human dignity has often played an active role in assessing the legitimacy Prostitutes Lukow limitations. While not explicitly stated in this article, a reading of the Convention as a whole suggests that Prostitutes Lukow various offences Prostitutes Lukow therein are deemed unlawful because they are contrary to human dignity as it is understood within the European Union EU. Prostitutes Lukow moderate formulation of communitarianism under Ubuntu has been endorsed by the Constitutional Court Prostitutes Lukow Makwanyanein recognition of the extent to which Ubuntu demands exhibiting concern and respect for others. Slip Knot Investments 70 held that:. What the Constitutional Court makes clear in this case is that while Ubuntu may be viewed in some ways as having collectivist leanings, the version of this does not preclude the existence and protection of individual human rights. Finally, in the fourth part, this paper considers how human dignity may be understood from the perspective of the African philosophy of Ubuntu.
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