Why is wrongful life claims not permitted in South African Law?
Wrongful life claims are not permitted in South African law because they are considered to be against public policy and ethical principles. The concept of wrongful life claims arises when a child is born with a disability or genetic defect as a result of a medical professional's negligence or failure to provide proper care. In these cases, the child or their parents may seek compensation for the costs associated with caring for the child with special needs.
However, South African law does not allow for wrongful life claims because it is considered to be morally and ethically unacceptable to assign monetary value to a person's existence or to suggest that a disabled or differently abled individual's life is worth less than that of a healthy person. Additionally, allowing wrongful life claims could open the door to potentially discriminatory practices against individuals with disabilities.
Overall, South African law prioritizes the protection of human dignity and the equal worth of all individuals, regardless of their physical or mental abilities. As such, wrongful life claims are not permitted in order to uphold these values and promote equality and respect for all individuals.