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Hastings Women’s Law Journal

Authors

Uche Ewerlukwa

Abstract

This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural dialogue on the implications of posthumous reproduction for all children.

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