3. Ethics in genetic research and practice

3.1 A narrative of ethics
Scientific enquiry is an art involving the study, pursuit and application of research. The possibility of human benefit from this art may be subject to the possibility of contingent or inadvertent harm caused by a breach of values. These values, dubbed 'ethics', are a systematic reflection by a community on the moral life and its conflicts.14 Undoubtedly, these values differ between communities, and they represent no more than the moral convictions of thoughtful and conscientious people. For that very reason a South African investigation of the convictions of our moral community is imperative. These convictions are generally derived from a compound of natural philosophy and religion, and reflect intuitive principles. To some extent the same moral or ethical standpoints are reflected in the Constitution of the Republic of South Africa Act, No. 108 of 1996, for instance in the reverence for life and respect for the dignity and integrity of the person; the right to freedom of religion, belief and opinion, the respect for privacy and the overarching importance of an open and democratic society based on human dignity, equality and freedom.

There are two fundamental elements to the analysis of constitutional rights - the application and interpretation thereof. First, our Constitution applies as between the State and individuals, and also, where it appears from the nature of the right in question, as between individuals. In the context of this debate, the rights of the investigator or clinician on the one hand and the participant on the other need to be considered. Second, in the interpretation of the provisions of the Constitution, regard must be had to the values that underlie an open and democratic society, based on respect for human dignity, as well as equality and freedom. Thus, the ambit of each right enshrined in the Constitution is determined in the context of the environment in which we live, and the application of these rights is sensitive to the mores of society, as determined by a body of informed, impartial and objective persons.

This book embraces international viewpoints together with the values enshrined in our Constitution and attempts to place the ethics of research and practice within a South African framework.