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

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 GoodWilliam 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.Degree awarded: S.T.D. Moral Theology/Ethics. The Catholic University of Americ