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36 S. Afr. J. on Hum. Rts. 1 (2020)

handle is hein.journals/soafjhr36 and id is 1 raw text is: SOUTH AFRICAN JOURNAL ON HUMAN RIGHTS 2020, VOL. 36, NO. 1, 1-24 https://doi.org/10.1080/02587203.2020.1776632 S Taylor & Francis Taylor&Francis Group ORIGINAL ARTICLE Sormething od, somethig new: applying reproductive rights to new reproductive technologies in South Africa Bonginkosi Shozi School of Law, University of KwaZulu-Natal, Durban, South Africa ABST CT ARTICLE HISTORY New reproductive technologies such as in vitro fertilisation have Received 24 October 2019 opened up new avenues for those who wish to have children, Accepted 20 April 2020 and who need no longer be bound by biological limitations to procreation like infertility. However, the choices available to pro- KEYWORD spective parents have been restricted by the fact that the use of Artificial reproduction; spectve paentsmedically assisted new reproductive technologies in artificial reproduction has been reproduction; in vitro subject to regulation in many parts of the world - including fertilisation; surrogacy; South Africa. These regulations have been challenged on the procreative liberty grounds that they infringe upon the rights of those who want to use these technologies. Underlying these challenges is the claim that the rights which are currently given recognition in our law apply to the use of new reproductive technologies - and this art- icle investigates to what extent this claim is applicable with refer- ence to the South African Constitution. Considering the historical context within which reproductive rights have emerged, this art- icle concludes that the right to make decisions concerning repro- duction (s 12(2)(a)) and the right to reproductive healthcare (s 27(1)(a)) both protect the freedom of individuals to form fami- lies by having children - including where this is done in non-trad- itional ways that do not involve the use of one's own body. Reproduction has, for most of human history, been an act that required the direct use of our bodies. However, because of the advent of technologies that allow for conception to occur outside of the body (in vitro), and for gametes and embryos to be frozen and stored, this is no longer the case.' South Africa, like many other countries, has intro- duced legal regulations on the use of new reproductive technologies (NRTs), primarily through the Regulations Relating to Artificial Fertilisation of Persons.2 While these CONTACT Bonginkosi Shozi ® 214511633@stu.ukzn.acza School of Law, University of KwaZulu-Natal, Durban, 4041, South Africa 1 A Trounson & L Mohr 'Human pregnancy following cryopreservation, thawing and transfer of an eight-cell embryo' (1983) 305 Nature 707, 709. 2 Government Gazette No. 35099 (2 March 2012) (GN R175). C 2020 South African Journal on Human Rights

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