Euthanasia as the Right to Life: An African Philosophical Perspective

Abstract

This dissertation philosophically investigates the concept of euthanasia and traces the potential impact of legalisation thereof in South Africa. A lacuna in this context is the formulation of euthanasia as a Right to Life from the basis of the Constitution and relating this legal precedent to local African thought. Indeed, euthanasia as a Right to Life has not been a widely explored idea from a Southern African perspective, and its intersection with African thought is explored even less commonly. In this study I draw inspiration from both Western and African sources, since both converge in the South African milieu (the Western approach is particularly relevant in terms of legal frameworks, and the African approach in terms of the broader social context). On the one hand this dissertation explores the idea of euthanasia as a Right to Life from a legal-philosophical perspective, whereby I evaluate and critically analyse South African law and how it may accommodate the legalisation of euthanasia. On the other hand, this dissertation examines African thought in relation to euthanasia to highlight the importance of African concepts such as dignity, quality of life, and personhood, for paving the way for the societal acceptance of euthanasia after possible legalization. By following the intersection of these two lines of thought I investigate our views as a nation with regard to what it means to be a person who can freely make end-of-life decisions in contemporary South Africa. It is highly unusual for a pro-euthansia position to be taken in an African philosophical perspective. A few African thinkers such as Menkiti, Gyeke, and Molefe who have taken up the task of writing on euthanasia, take in a relatively anti-euthanasia perspective. This project therefore aims to set itself apart from other modes of thinking on the subject matter.