Chapter 3: Assisted Reproductive Technology and Emerging Controversies: Does Human Rights Provide Any Guidance?

Although yet to be completely eradicated, infertility-induced childlessness no longer portends the horror it once did. The fear, misery and despondency that hitherto characterised this medical condition are gradually vaporising, giving way to hope, brought about by technological advancements in reproductive health, particularly assisted reproductive technology (ART). While certainly not a complete panacea, in the sense that sterility still remains a global challenge, ART has contributed significantly to whittling down the number of affected individuals and sustaining the human population as well as economic productivity. Despite these benefits, however, opinion remains divided as to the legitimacy or social acceptability of the procedure. Remarkably, several of these divergent views are yet to be sufficiently addressed in the literature, and even those that have been explored were examined through lenses that are not centred on human rights. Nonetheless, the nature of the controversies surrounding ART and its benefits or otherwise is such that it demands analysis that is steeped in the doctrines and prescriptions of human rights. It is these doctrines and prescriptions that provide the analytical tool with which this paper interrogates the polemics regarding ART. The dilemma presented by the procedure will be discussed in the context of reproductive and related rights of infertile couples and used to build an argument for the desirability and scaling up of access to ART in Africa.