With advancements in assisted reproductive technologies (ART), more and more individuals across the globe want access to these medical miracles, not only to realise their desire for offspring but... Show moreWith advancements in assisted reproductive technologies (ART), more and more individuals across the globe want access to these medical miracles, not only to realise their desire for offspring but also to realise their desires for specific offspring and/or healthy offspring. South Africans are no exception. The challenge posed by this situation is that there is no specific right to reproduce with assistance in this country. Instead, there are certain general constitutional rights which may be interpreted as affording recognition to this right. Moreover, while the current legislative framework permits certain forms of ART, it expressly prohibits others, or it fails to make provision for newer and emerging technologies entirely. As a result, prospective parents are uncertain about the reproductive options available to them. Increasingly individuals are approaching the courts for clarity regarding their rights. The results have however been conflicting. Additionally, divergent views on the applicability of children's rights to prospective offspring is a complicating factor, which has yet to be resolved in South Africa (SA).This thesis, therefore, attempts to contribute to the existing knowledge on the legal rights of prospective parents to make use of ART in SA. It does so, by firstly exploring the current legal framework for assisted reproduction (AR). It additionally explores the legal implications of AR for the various parties concerned, in particular the prospective parents and the future child; and how their interests are balanced, if at all. What emerges from this investigation is that tension exists between the interests of these parties.The study further considers the existence of a right to reproduce from a global perspective. Given that there is no such express right, the thesis considers how the right has been given effect to by applying other rights. In this regard five primary rights have been identified, namely the rights to reproductive autonomy, reproductive health care, dignity, equality and privacy. The thesis then examines how the rights identified above have been interpreted to recognise reproductive rights and whether these interpretations would be useful in recognising the right to reproduce with assistance in SA.The thesis concludes that while the right to reproductive autonomy offers the most recognition to prospective parents’ rights to make use of certain forms of ART, it too is inadequate. To address this shortcoming, the study calls for legislative reform as well as wider interpretations of rights to accommodate various family forms. The need to adopt an interconnected approach that considers both the rights of the prospective parents and the potential offspring is also proposed. This however requires a consistent approach to be applied in respect of the interests of prospective offspring, which is currently lacking. These recommendations would go a long way towards realising the right to reproduce with assistance in SA and it would undoubtedly provide clarity on the existence of this right. Show less
Is it ethical to freely redistribute photographs taken in colonial contexts, historically and today? Showing the complexities behind this question, this study looks at how a vast media network... Show moreIs it ethical to freely redistribute photographs taken in colonial contexts, historically and today? Showing the complexities behind this question, this study looks at how a vast media network evolved around the commercial photographic studio at Mariannhill Monastery and the mission station Centocow in South Africa from the 1880s until today. Taking a grass-roots perspective, it argues that photographs produced by missionaries, like all colonial photographs, must be studied by considering their interconnectedness: first, their alliances with other media, like paintings, theatre plays, tableaux vivants, maps, films, exhibitions, and “ethnographic” objects; second, the exhibitionary complex they depend on, involving museums, libraries, archives, and printing presses; and finally the lobbies, journals, printed instructions, discourses, and interpretive communities that produced, used, and consumed them. Eventually, the study turns to the crucial question how photographs act on and as subjects. Few colonial photographs have left sufficient traces that allow to write their biographies. Mariannhill’s photographs, however, due to their aesthetic aspiration and the congregation’s unique setup, have successfully taken root in many places, moments, and discourses. To show the photographs’ ongoing relevance for stakeholders in both South Africa and Europe, and possible ways of dealing with them today, this study follows their intermediary role over time and in between other images, spaces, objects, and subjects. Show less
This dissertation investigates the changing healing practice of Zulu sangomas in KwaZulu Natal, South Africa. Indigenous healing in South Africa is currently at a crossroads. While the latest... Show moreThis dissertation investigates the changing healing practice of Zulu sangomas in KwaZulu Natal, South Africa. Indigenous healing in South Africa is currently at a crossroads. While the latest healthcare legislation accepts the traditional healthcare system as equal to cosmopolitan healthcare, the accompanying institutional developments present obligations and challenges for indigenous healers. While the legalisation is important for sangomas, certain valued characteristics of their much-frequented healing practices are now under pressure. This research seeks to detect where transformations in indigenous healing practices originate and it seeks to understand to what purpose adaptations in healing processes serve. Show less
