SACHS J
special problems created by the need to provide a broad framework of constitutional
principles governing the right of access to scarce resources and to adjudicate between
competing rights bearers. When rights by their very nature are shared and interdependent, striking appropriate balances between the equally valid entitlements or
expectations of a multitude of claimants should not be seen as imposing limits on those
rights (which would then have to be justified in terms of section 36), but as defining the
circumstances in which the rights may most fairly and effectively be enjoyed.
[55]
I conclude with some observations on the questions raised relating to section 11
of the Constitution which states that “[e]veryone has the right to life.” The present case
does not necessitate any attempt to give a definitive answer to all these questions. Yet
it does point to the need to establish what Dworkin has in his book Life’s Dominion,
called the “relative importance of the natural and human contributions to the sanctity of
life”.8 He concludes his study with the eloquent reminder that if people are to
“retain the self consciousness and self respect that is the greatest achievement of our
species, they will let neither science nor nature simply take its course, but will struggle to
express, in the laws they make as citizens and the choices they make as people, the best
understanding they can reach of why human life is sacred, and of the proper place of
freedom in its dominion.”9
8
Dworkin Life’s Dominion: An Argument about Abortion and Euthanasia (Harper Collins, London
1993) at 240.
9
Id at 241.
31
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