Cultural rights in South Africa: the case of an amputated finger in polydactyly

Abstract

In this research report I address the question: should an individual be allowed to take their amputated finger away from a healthcare facility where the amputation would have been performed for a medically justifiable indication in polydactyly, for the sole purpose of performing a cultural ritual called Ingqithi? I navigate the delicate balance between harm and the benefits that could result from cultural rituals. With Ingqithi as my springboard, I argue for a weak cultural relativism stance, emphasizing that culture is a prima facie right, with its respect being indispensable for human dignity.