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4 April 1995
Catholic Women’s League
National
Council
The National Management Committee of the Catholic Women's
League of South Africa, in considering the clauses of the Constitution of
the
Republic of South Africa 1993, (Act No 200, 1993) assumes that the fundamental
rights, privileges and benefits to which any South
African citizen shall be
entitled and the duties, obligations and responsibilities to which he shall be
subject, will not be substantially
altered in the new constitution for which
input is now being sought.
The League is specifically concerned in seven
fields- ‑abortion, genetic engineering, surrogate motherhood , the
death penalty, euthanasia, homosexuality and censorship.
In terms of
Section 9 of the Act every person shall have the right to life. Since it is the
teaching of the Catholic Church that
life begins at conception, this would
preclude abortion. The League supports Section 9 and protests against
abortion.
Section I5 of the Act states that there shall be freedom
of, amongst other things, scientific research. Since in vitro fertilisation
and genetic engineering often mean that several ova are fertilised and only
one is used, the remaining fertilised ova are destroyed, these ova are viable
and, in the proper environment would develop. They are potentially human
beings. The freedom, therefore, of scientific research
would seem to militate
against the right to life.
The League refers the Constitutional Committee
to comments made by Father Hyacinth Ennis, OFM and quoted on Page 115 of the S A
Law
Commission's Report on Surrogate Motherhood, Section 6.2.4 :
"Realising that we in South Africa are living in a multi-cultural and
multi-denominational country, and wanting to respect the principles
of tolerance
and freedom, we Catholics naturally do not expect non-Catholics to either accept
or agree with our particular position.
Hence we must allow for a pluralism of
thought and practice in public affairs - and in particular in legal matters.
Thus we do
not wish to enforce our viewpoint on others. Nevertheless, we expect
that our opinions and practices ought to be respected and catered
for in society
in general.
It is also a fact that legality and morality never equate with each other.
Legality (or law) cannot hope to cover each and every
aspect of human life in
society. Nonetheless, legality ought to be based on sound moral principles
which try to uphold and enhance
the well-being of society and they make for
viable social living. It is also impossible for legislation to control all
human ills
but it can always try to limit their scope of effectiveness within
the bonds of possibility.
Father Ennis makes it clear that the Catholic Church continues to hold a
strong view against surrogate motherhood"
If the practice is to be
approved, the League urges that it be extremely carefully controlled as regards
the donor gametes, choice
of surrogate mother, non-payment for her service, and
that the rights and welfare of the child be the primary
consideration.
When the death penalty is considered, since there
is no definitive scientific evidence that it discourages or reduces the number
of crimes for which it
is the penalty, again the terms of Section 9 are
vitiated. The League, therefore, does not support execution.
In dealing
with the subject of euthanasia, careful distinction must be made between
what is called "passive euthanasia”, that is not employing any
means to prolong life artificially, and "active euthanasia" which is actual
intervention to terminate
life. However compassionate the reasons for ending a
life, this is not the province of man. The Church's teaching is that it is
permissible to switch off machines or disconnect drips but that actual steps to
kill the patient, or to help him to kill himself,
are not morally or legally
right.
With regard to homosexuality, Section 17 on freedom of
association is relevant, and Section 8 (2) referring to "unfair discrimination,
directly or indirectly"
protects homosexuals in social and economic life. It
must be pointed out that homosexuality, per se, is not unethical. Only if
unnatural acts are practised is it immoral and
illegal.
Censorship, as a general practice, is undesirable.
Section 15 (1) allows every person the right to freedom of speech and
expression, and this
is extended to the press and other media. The League
feels, though, that there must be protection, particularly for children, against
the damaging effects of pornography and violence.
In addition, in the new
Constitution emphasis should be placed on the protection of the family and its
well-being, equal opportunities
for education and jobs, protection and support
for handicapped persons and the affirmation of non‑-discrimination on any
grounds.
The Catholic Women's League does not have the legal and
constitutional skills to negotiate the pitfalls where every right accorded
to
society appears to contradict another, e.g. freedom of expression and
pornography. Therefore, in expressing its opinions it is hopeful that the
matters mentioned will receive the careful and thoughtful attention
of those
whose work it is to frame an ethically acceptable new Constitution.
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