Bodily integrity
Encyclopedia
Bodily integrity, otherwise known as physical or corporal integrity, is a concept that refers to the inviolability of the physical body. It is one of Martha Nussbaum
’s ten principle capabilities (Capability approach
). She defines bodily integrity as: “Being able to move freely from place to place; being able to be secure against violent assault, including sexual assault
. . . ; having opportunities for sexual satisfaction and for choice in matters of reproduction”.
mandates that “you have the right not to have your body or personhood interfered with. This means that the State may not do anything to harm your life or health. [Additionally] If you are in custody, you have a right not to have your health endangered while in prison.”
does not does not contain any specific provisions regarding the rights one has with respect to his or her physical body or the specific extent to which the state can act upon bodies. However, the U.S. Supreme Court has upheld rights to privacy, which, as articulated by Julie Lane, often protects rights to bodily integrity. In Griswold vs. Connecticut 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 abortions (also a key reproductive right) was protected Roe v. Wade
.
Conversely, the Supreme Court has also protected the right of governmental entities to infringe upon bodily integrity. Examples include strip search
es of prisoners and forced blood tests.
and Forced Labor, Security of One’s Person, Torture
and Inhumane, Cruel or Degrading Treatment or Punishment.
Two key international documents protect these rights: the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights
.
, unwanted pregnancy, domestic abuse, and limited access to contraception
. 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:
states the following: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
to be infringements upon bodily integrity.
Martha Nussbaum
Martha Nussbaum , is an American philosopher with a particular interest in ancient Greek and Roman philosophy, political philosophy and ethics....
’s ten principle capabilities (Capability approach
Capability approach
The capability approach was initially conceived in the 1980s as an approach to welfare economics....
). She defines bodily integrity as: “Being able to move freely from place to place; being able to be secure against violent assault, including sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
. . . ; having opportunities for sexual satisfaction and for choice in matters of reproduction”.
Ireland
The Constitution of IrelandConstitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
mandates that “you have the right not to have your body or personhood interfered with. This means that the State may not do anything to harm your life or health. [Additionally] If you are in custody, you have a right not to have your health endangered while in prison.”
United States
The United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
does not does not contain any specific provisions regarding the rights one has with respect to his or her physical body or the specific extent to which the state can act upon bodies. However, the U.S. Supreme Court has upheld rights to privacy, which, as articulated by Julie Lane, often protects rights to bodily integrity. In Griswold vs. Connecticut 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 abortions (also a key reproductive right) was protected Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
.
Conversely, the Supreme Court has also protected the right of governmental entities to infringe upon bodily integrity. Examples include strip search
Strip search
A strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
es of prisoners and forced blood tests.
Human Rights
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, SlaverySlavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
and Forced Labor, Security of One’s Person, Torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and Inhumane, Cruel or Degrading Treatment or Punishment.
Two key international documents protect these rights: the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
and the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
.
Women’s Rights
Though bodily integrity is (according to the capabilities approach) afforded to every human being, women are more often affected its violations of gender-based violence. These include sexual assaultSexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
, unwanted pregnancy, domestic abuse, and limited access to contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
. 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 MovementFreedom of movementFreedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
- Security of Persons
- Reproductive and Sexual Rights
- Women’s Health
- Breaking Women’s Isolation
- EducationEducationEducation in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
- Networking
Bodily Integrity and Medicine
The International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
states the following: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
Male Circumcision
Anti-circumcision advocates (in particular, the foreskin regeneration group Foregen) utilize a definition of bodily integrity that emphasizes the wholeness of bodily experience. This means “the ability to enjoy one’s own natural body in all its fullness, without fear of intereference or damange to it from others”. They consider male circumcisionCircumcision
Male circumcision is the surgical removal of some or all of the foreskin from the penis. The word "circumcision" comes from Latin and ....
to be infringements upon bodily integrity.
See also
- human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- capabilities approach
- security of personSecurity of personSecurity 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 mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
- reproductive rightsReproductive rightsReproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...