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An Ethical Evaluation of the Exercise of the Natural Right of HIV/AIDS Patients to Marry in the Light of the Common Good

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An Ethical Evaluation of the Exercise of the Natural Right of HIV/AIDS Patients to Marry in the Light of the Common Good THE CATHOLIC UNIVERSITY OF AMERICA Rights and the Common Good: An Ethical Evaluation of the Exercise of the Natural Right of HIV/AIDS Patients to Marry in the Light of the Common Good A DISSERTATION Submitted to the Faculty of the School of Theology and Religious Studies Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor of Moral Theology © Copyright All rights Reserved By William Neba Washington, D.C. 2015 Rights and the Common Good: An Ethical Evaluation of the Exercise of the Natural Right of HIV/AIDS Patients to Marry in the Light of the Common Good William Neba, S.T.D. Director: Joseph E. Capizzi, Ph.D. HIV/AIDS can be transmitted through heterosexual intercourse, transfusion of infected blood, and from an infected mother to child through delivery. HIV—a retrovirus—is capable of mutating into various strands, which makes it difficult to develop a vaccine. While this is an on- going concern for the scientific community, another issue is facing the society today—whether an HIV/AIDS carrier can still insist on exercising his natural right to marry ( ius connubii ), given the risk of exposing an uninfected partner and possible offspring to a mortal, irreversible illness? This project addresses this question by first establishing the general principles pertaining to the meaning of natural rights. It elaborates on what they entail and the obligations that come with their exercise for the common good, and underlines that they can be limited. Then it shows that the Church recognizes the ius connubii and protects its exercise, especially by the sick— lepers and the insane—if they find willing partners. However, the Church also limits the exercise of the ius connubii by establishing impediments when such exercise threatens certain ecclesial goods. Next, the work lays out the data on HIV/AIDS to illustrate how it threatens the exercise of the ius connubii , with particular reference to Cameroon in sub-Saharan Africa. Finally, based on moral-ethical arguments, the project demonstrates that HIV/AIDS carriers that lack adequate access to medical assistance would face difficulties in fulfilling the responsibilities inherent in marriage. Furthermore, the research demonstrates that recent advances in antiretroviral therapy can help HIV/AIDS carriers have a better quality of life and even generate HIV-free children. Thus, the Church cannot establish HIV/AIDS an impediment to marriage, lest she risks unjustly restricting millions of the Christifideles from exercising their natural right to marry—a vocation embraced by the majority of the human race. Thus, this project, based on the weight of the moral-ethical arguments, concludes by proposing solutions to the aforementioned problems, with the aim of fighting this modern evil that has the potential to jeopardize not only the sanctity of marriage and family life, but also the future of the society as a whole. This dissertation by William Neba fulfills the dissertation requirements for the doctoral degree in Moral Theology approved by Joseph E. Capizzi, Ph.D., as Director, and by William A. Barbieri, Ph. D., and by John P. Beal, J.C.D., as Readers. __________________________________ Joseph E. Capizzi, Ph. D., Director __________________________________ William A. Barbieri, Ph. D., Reader __________________________________ John P. Beal, J.C.D., Reader ii In Memoriam Archbishop Paul Mbiybe Verdzekov (22 nd January 1931 to 26 th January 2010) was the one that ignited the fire in me that glows in the love of Moral Theology. He instilled in me by his sterling example, as a father does to a beloved son, the values of respect for persons, of duty consciousness, and of a just moral order in any human community. Indeed, he was a man of integrity. May he be counted among the blessed in the choir of the heavenly Jerusalem. iii TABLE OF CONTENTS ABBREVIATIONS ............................................................................................................................. vii ACKNOWLEDGMENTS ................................................................................................................ x INTRODUCTION ............................................................................................................................... 1 CHAPTER ONE NATURAL RIGHTS ................................................................................................................................ 6 1. Introduction ............................................................................................................................ 6 2. The Meaning of Natural Rights ......................................................................................... 10 3. The Roman Catholic Human Rights Position .................................................................. 13 4. The Relationship Between Natural Rights and Natural Law ......................................... 18 5. The Correlativity of Natural Rights to Duties and Obligations ..................................... 21 6. The Relationship Between Natural Rights and the Common Good ............................. 29 a) The Meaning of the Common Good ( bonum commune ) ................................................. 29 b) The Elements of the Common Good ................................................................................. 32 c) The Relatonship Between Natural Rights and the Common Good ............................... 38 7. The Restriction of the Exercise of Rights for the Common Good ................................ 42 8. Conclusion ............................................................................................................................ 47 CHAPTER TWO THE CHURCH AND THE NATURAL RIGHT TO MARRY ........................................................ 51 1. Introduction ............................................................................................................................ 51 2. The Church’s Recognition of the Natural Right to Marry ........................................... 54 i) Human Beings and the Natural Right to Marry .................................................. 55 ii) The Recognition and Protection of the Ius Connubii ......................................... 57 a) The Marriage of the Sick .................................................................................. 57 a-i) Lepers ......................................................................................................... 61 a-ii) The Insane ................................................................................................. 70 iii) The Ius Connubii and the Council of Trent (1545-1563) ................................... 74 iv) The Ius Connubii and the Codes of Canon Law ................................................. 76 v) The Ius Connubii and Papal Teachings ............................................................... 78 3. The Church and the Impediments to Marriage .............................................................85 i) A Brief Background ................................................................................................ 85 ii) The Meaning of the Term “Impediment” ............................................................. 86 iv iii) Some Specific Impendiments ................................................................................ 88 a) Insufficient Age ................................................................................................ 88 b) Impotence .......................................................................................................... 91 c) Previous Marriage Bond .................................................................................. 94 d) Abduction .......................................................................................................... 96 e) Crime .................................................................................................................. 98 4. The Capacity to Fulfill the Essential Obligations of Marriage .................................. 100 i) The Teaching of Gaudiun et spes ....................................................................... 100 ii) The Nature of the communio totius vitae et amoris ......................................... 104 iii) The Right/Obligation to Conjugal Acts Open to Procreation ......................... 107 iv) The Obligation to Assist Each Other in the Educatio Prolis .......................... 109 5. Conclusion .................................................................................................................. 116 CHAPTER THREE HIV/AIDS AND ITS IMPACT ON CAMEROON ......................................................................... 118 1. Introduction .......................................................................................................................... 118 2. What is HIV/AIDS? .................................................................................................... 120 3. The Presence of HIV/AIDS in sub-Saharan Africa ....................................................... 125 4. The Situation of HIV/AIDS in Cameroon ...................................................................... 128 5. The Social Impact of HIV/AIDS on Cameroon ............................................................. 132 6. The Economic Impact of HIV/AIDS on Cameroon ...................................................... 141 a) Micro-economic Impact of HIV/AIDS ........................................................................... 142 b)
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