CLASIFICACIÓN DE LOS ENUNCIADOS ORACIONA-

The dominant theological theory of Gaudium et Spes on human dignity is human dignity as an image of God.954 Evangelium Vitae gave us the theory of human dignity principle that is based on the sanctity of life.955 The two theological principles upon which the two documents are based are human dignity as an image of God and the sanctity of life principle. Both principles are Biblical and rooted in the creation story of the human person.956 Human beings were created in the image and likeness of God.957 Human life was sanctified by the ensoulment of the life -giving principal, i.e. the human soul, which makes each person unique and identical to our creator.958 In reference to human dignity, St. Thomas Aquinas affirmed, that through our human reasoning and faith, we are capable of acknowledging the truth that we were created in the image and likeness of God, hence the sanctity of life.959 Creation of the human person in the image and likeness of God and the sanctity of life principle are basic fundamental realities that put human life at a higher level. It is no longer ordinary life like plant or animal life but life that is sacred, implying that it is the life of God himself.960 The integrity and dignity of the human person is based on the above relational

954 _{Vatican Council II, (1965), Constitution on the Church in the Modern World, “Gaudium et Spes”, Article:} 12.

955 _{John Paul II, (1995), Encyclical Letter, “Evangelium Vitae”, Article: 52-53.} 956 _{The Catechism of the Catholic Church, Article Nos. 1700-1709.}

957 _{Ibid. Article No. 1701.} 958 _{Ibid. Article No. 1703.}

959 _{Nicholas, A., (2002), Discovering Aquinas: An Introduction to his Life, Work and Influence, London:} Darton. Longman and Todd, 56. In the Scriptum Super Sententiis, Thomas declared that in the procession of creatures there are two things to consider with respect to the creator himself namely: the divine nature from whose fullness and perfection of every creature is both effected and copied and the divine will from whose liberality and not by the necessity of nature, all these things are conferred on the creature.

principles. In consideration to the concept of human dignity as an ethical concept on its own, we come to recognize that there are flaws hence on its own, it cannot stand to be the basis of theology of human dignity. It only makes meaning if it is associated with the sanctity of life principle, or creation in the image of God, it is subject to manipulation. Regarding its flaws and limitations, the project would not consider it as a true platform upon which we ought to formulate a theology of human dignity, particularly for children with disabilities. In Africa, as well as at the international level, the concept of human dignity as an ethical concept has not reached a general consensus regarding its objective meaning.961 It has been manipulated and used subjectively in order to achieve personal interest or the needs of a particular group of people.962 In this case, it has shown that it can be exclusive, in the sense that while an individual or a particular group of people is pursuing an intended good, it is done at the expense of other people who are incapable of participation in the pursuit of the intended good. On moral grounds, the concept of human dignity as an ethical concept may help us to attain certain goals, but to be considered as the based upon which to develop a theology would be a lofty situation that would compromise certain basic human and Christian values.

4.10.2. HUMAN DIGNITY AS A CONCEPT IN THE AFRICAN DEBATE

Human dignity in an African context has been understood differently in comparison to Western ideas.963 In Africa, the communal element plays a major role in any scholarship or traditional debate over any issue. The “Ubuntu” philosophy is founded on the common understanding of the community.964 It is the community that decides and individuals simply execute community decisions. Individual trends of thought are always regarded as threats to the community, unless it is in time of need, when a person comes forward with a personal thought aimed at achieving the communal goal at other times individual thoughts may

961 _{McCrudden, C., (2008), Human Dignity and Judicial Interpretation of Human Rights, in The European}

Journal of International Law, Oxford: EJIL, Volume 19, No. 4, 653-654. The Universal Declaration on Human Rights was pivotal in popularizing the use of dignity or human dignity in human rights discourses. This article argues that the use of dignity beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights contexts, in the sense that there is very little common understanding of what dignity requires substantively within or across jurisdictions. The meaning of dignity is context-specific varying significantly from authority to authority.

962 _Ibid.

963 _{Botha, H., (2009), Human Dignity in Comparative Perspective, Stellenbosch: University Press, 171. Human} dignity has become an integral part of the vocabulary of comparative constitutionalism. Not only is the right to dignity proclaimed in national constitutions and international human rights instruments but it is asserted with increasing frequency that dignity is the basis of all human rights and should be used as a guide to their interpretation. From a South African perspective, human dignity is tied to what they call Ubuntu moral theory implying a collective effort for morality.

largely be perceived as intruding or probing too much into community issues.965 _{In this}

regard, human dignity is often defined and determined by the community. In most cases, communal beliefs heavily influence community issues.

In an African context, there is a belief in the existence of witchcraft and evil spirits who bring bad omens into families.966 When a child is born, it becomes a community activity of celebrating the existence of one more new life that would sustain the clan, tribe, and a group of people. The child therefore becomes a blessing to the community. In response to the birth of a child, the community immediately organizes certain family rituals as means of welcoming and introducing the child into particular cultural beliefs and settings.967 The child is then accorded a proper human dignity status by bringing the child to start undergoing the rites of passage rituals befitting the age of the child.968 In the context of the birth of a child with disabilities, most African beliefs clearly associate such anomalies with the work of evil spirits or witchcraft.969 In most cases, the child with disabilities would not be allowed to mix with other children, in fear of transmitting the bad omen to the others. The child is considered a curse in the family.970 There is also a common understanding that the child itself might have been born as a witch. The community ought to dispose of it before it can start operating in the family. In the first place, human identity is denied to the child with disabilities. The traditional midwives, upon examining this child, i.e. at the point of birth, unanimously and secretly do away with the child with disabilities and to cover up the saga, a miscarriage report is sent to the elders.971 The fact remains that the child is denied human dignity and integrity due to its defects. This is common practice in most African cultures.

About the two fundamental principles of human dignity as presented in Gaudium et Spes and Evangelium Vitae, namely human dignity as an image of God and the sanctity of life principle, we see that, in the African context, the debate on human dignity is biased in certain circumstances where cultural beliefs in witchcraft override Christian traditions and values. In the context that the community mindset, based on cultural traditions, could sanction the termination of human life, this is tantamount to the total disregard of the sanctity of life.

965 _Ibid.

966 _{Bourdillon, M.F.C., (1991), Religion and Society: A Text for Africa, Gweru: Mambo Press, P. 195- 219.} 967 _Ibid.

968 _{Ross, E., (2010), African Spirituality, Ethics, and Traditional Healing – Implications for Indigenous South}

African Social Work Education and Practice, in a Journal SAJBL, Johannesburg: Department of Social Work, School of Human and Community Development, Volume 3, No. 1, 44.

969 _Ibid. 970 _Ibid.

971 _{Ibid. In Africa, we still have latent beliefs i.e. there are a lot of things that are done and kept as tribal secrets} only comprehensible to cultures.

Such instances are common in secretive circles of certain cultures. Cultural beliefs over-ride and compromise basic Christian beliefs that would protect and sustain the life of the child. Unfortunately, the project could not consider such debates in the process of the formulation of the theology of human dignity for disabled children.