Abstract

Brian Mugabi

In addition to being a universal human right, access to sufficient water is a constitutional right in the Republic of South Africa. The Constitutional Bill of Rights gives South African citizens the right to reproductive choices. Globally, population numbers are ever growing and water, being finite continues to be scarcer. The concern over universal access to safe freshwater under these circumstances is a matter that authorities and environmentalists are grappling with. The aim of this study was to interrogate variance in legal and ethical framework relating to the various rights, namely; the right to access to water, the right to reproductive choices. The environmental resource of water in relation to the right to procreate was the basis of this paper. This was a normative study that included a review of the sections of the South African Constitution’s Bill of Rights and the specific statutory instruments with relevance to water utilization and population dynamics. The results of this study revealed that the variance embodied in the meaning attached to the rights may lead to disproportionately leaning on the fulfilment of reproductive rights at the expense of the environment. This presents a problem as the Constitution also addresses the right to a healthy environment. It is arguable as to whether it is possible to conserve the environment and at the same time realize human reproductive rights. Rights are critical for the protection of the most vulnerable of our species. The rights given to humans as far as reproduction is concerned as well as the right to a healthy environment are seen to be at odds. What we should strive for is to ensure the quality of human life