An explanation of the reasons why wrongful life claims were not permitted in the South
African law.
1. Public policy considerations: South African courts have held that allowing wrongful life claims would be against public policy. They argue that it is not in the interest of society to allow individuals to claim damages for being born with disabilities or genetic conditions.
2. Difficulty in quantifying damages: South African courts have also argued that it would be extremely difficult to calculate the damages in a wrongful life claim. How can one put a monetary value on a person's existence, even if they are born with disabilities?
3. Fear of opening floodgates: There is also a concern that allowing wrongful life claims could potentially open the floodgates for countless lawsuits from individuals claiming that their lives are not worth living due to various circumstances.
4. Philosophical and ethical concerns: There are deep philosophical and ethical questions surrounding the concept of wrongful life. Some argue that it is not for the courts to determine whether life with disabilities is worth living or not.
5. Existence of alternative remedies: South African law does have provisions for parents to bring claims for wrongful birth, which allows them to claim damages for the costs associated with raising a child with disabilities. This provides a more appropriate avenue for seeking compensation in such cases.