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Bodily integrity is the inviolability of the physical body and emphasizes the importance of personal autonomy, self-ownership, and self-determination of human beings over their own bodies. In the field of
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, violation of the bodily integrity of another is regarded as an unethical infringement, intrusive, and possibly criminal.Communication Technology And Social Change
Carolyn A. Lin, David J. Atkin – 2007


Government and law


Ireland

In the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
, bodily integrity has been recognised by the courts as an unenumerated right, protected by the general guarantee of "
personal rights Personal rights are the rights that a person has over their own body. In the Merriam-Webster Dictionary, Personal Rights are defined as "rights (as of personal security, personal liberty, and private property) appertaining to the person". Among pe ...
" contained within Article 40 of the
Irish constitution The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
. In ''Ryan v Attorney General'' it was pronounced that "you have the right not to have your body or
personhood Personhood or personality is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a l ...
interfered with. This means that the State may not do anything to harm your life or health. If you are in custody, you have a right not to have your health endangered while in prison". In a separate case ''M (Immigration - Rights of Unborn) -v- Minister for Justice and Equality & ors,'' the Irish Supreme Court ruled that the right to bodily integrity extended to the unborn. In a summary of the case in section 5.19, the Supreme Court stated:
…the only right of the unborn child as the Constitution now stands which attracts the entitlement to protection and vindication is that enshrined by the amendments in Article 40.3.3 namely, the right to life or, in other words, the right to be born and, possibly, (and this is a matter for future decision) allied rights such as the right to bodily integrity which are inherent in and inseparable from the right to life itself.


United States

The Fourth Amendment to the United States Constitution states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated". Also, the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
has upheld the
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
, which, as articulated by Julie Lane, often protects rights to bodily integrity. In ''
Griswold v. Connecticut ''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
'' (1965) the Court supported women's rights to obtain birth control (and thus, retain reproductive autonomy) without marital consent. Similarly, a woman's right to privacy in obtaining
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
s was protected by ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'' (1973). In '' McFall v. Shimp'' (1978), a Pennsylvania court ruled that a person cannot be forced to donate bone marrow, even if such a donation would save another person's life. The Supreme Court overturned ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'' (1973) on June 24, 2022. The Supreme Court has also protected the right of governmental entities to infringe upon bodily integrity under certain circumstances. Examples include laws prohibiting the use of drugs, laws prohibiting euthanasia, laws requiring the use of seatbelts and helmets,
strip search A strip search is a practice of searching a person for weapons or other contraband suspected of being hidden on their body or inside their clothing, and not found by performing a frisk search, but by requiring the person to remove some or al ...
es of prisoners, and forced blood tests.


Canada

In general, the Canadian
Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
defends personal liberty and the right not to be interfered with. However, in certain unique circumstances government may have the right to temporarily override the right to physical integrity in order to preserve the life of the person. Such action can be described using the principle of supported autonomy, a concept that was developed to describe unique situations in mental health (examples include the forced feeding of a person dying from the eating disorder
anorexia nervosa Anorexia nervosa, often referred to simply as anorexia, is an eating disorder characterized by low weight, food restriction, body image disturbance, fear of gaining weight, and an overpowering desire to be thin. ''Anorexia'' is a term of Gr ...
, or the temporary treatment of a person living with a
psychotic disorder Psychosis is a condition of the mind that results in difficulties determining what is real and what is not real. Symptoms may include delusions and hallucinations, among other features. Additional symptoms are incoherent speech and behavior ...
with
antipsychotic Antipsychotics, also known as neuroleptics, are a class of psychotropic medication primarily used to manage psychosis (including delusions, hallucinations, paranoia or disordered thought), principally in schizophrenia but also in a range of ...
medication). One unique example of a Canadian law that promotes bodily integrity is the Ontario Health Care Consent Act. This Ontario law has to do with the capacity to
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
to medical treatment. The HCCA states that a person has the right to consent to or refuse treatment if they have mental capacity. In order to have capacity, a person must have the ability to understand and appreciate the consequences of the treatment decision. The law says that a person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to ''understand'' and ''appreciate'' the information that is relevant to making such a decision.


Human rights

Two key international documents protect these rights: the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
and the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...
. Further the Convention on the Rights of Persons with Disabilities also requires protection of physical and mental integrity. The Human Rights and Constitutional Rights project, funded by Columbia Law School, has defined four main areas of potential bodily integrity abuse by governments. These are: Right to Life,
Slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and Forced Labor, Security of One's Person,
Torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
and Inhumane, Cruel or Degrading Treatment or Punishment.


Women's rights

Though bodily integrity is afforded to every human being, women are more often affected in violations of it, via unwanted pregnancy, and limited access to
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
. These principles were addressed in the CCL Working Conference on Women's Rights as Human Rights. The conference defined bodily integrity as a right deserved by all women: "bodily integrity unifies women and that no woman can say that it does not apply to them". As defined by the conference participants, the following are bodily integrity rights that should be guaranteed to women: * Freedom of movement *
Security of person Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, th ...
s * Reproductive and sexual rights *
Women's health Women's health differs from that of men in many unique ways. Women's health is an example of population health, where health is defined by the World Health Organization as "a state of complete physical, mental and social well-being and not mer ...
* Breaking women's isolation *
Education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
* Networking


Children's rights


United States

The debate over children's rights to bodily integrity has grown in recent years. In the wake of the highly publicized Jerry Sandusky trial, parents have been increasingly encouraged to promote their child's sense of bodily integrity as a method of reducing children's vulnerability to being victims of
sexual violence Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
, human trafficking and child prostitution. Methods of increasing children's sense of bodily autonomy include: * Allowing children to choose when to give hugs/kisses * Encouraging children to communicate about boundaries * Offer alternative actions (e.g. a high five, handshake, etc.)


Medicine

The
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...
states the following: "No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation".


See also


References

{{authority control Crimes against women Development studies Sociological theories Development economics Autonomy Human body Violence against men Violence against women