Bodily autonomy

Bodily integrity is the inviolability of the physical body and emphasizes the importance of personal autonomy and the self-determination of human beings over their own bodies. In the field of human rights, violation of the bodily integrity of another is regarded as an unethical infringement, intrusive, and possibly criminal.

It is one of Martha Nussbaum’s ten principle capabilities (see capabilities 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”.

In the Republic of Ireland bodily integrity has been recognised by the courts as an unenumerated right, protected by the general guarantee of "personal rights" contained within Article 40 of the Irish constitution. In Ryan v Attorney General it was pronounced 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. If you are in custody, you have a right not to have your health endangered while in prison".

The United States Constitution 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 right to privacy, which, as articulated by Julie Lane, often protects rights to bodily integrity. In Griswold v. Connecticut (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 abortions was protected by Roe v. Wade (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.

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