Right to Bodily Integrity and Criminal Justice

Matić Bošković, Marina (2024) Right to Bodily Integrity and Criminal Justice. In: The right to life and body integrity. Institute of Criminological and Sociological Research ; Bar Association of Vojvodina, Belgrade ; Novi Sad, pp. 135-150. ISBN 978-86-80756-70-7; 978-86-905844-1-3

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Abstract

The discussion surrounding the right to bodily integrity has become a prominent and contentious issues within moral, political and legal spheres. The right is often considered one of the most fundamental rights that indi-viduals possess, alongside the right to life. The right to bodily integrity en-compasses the principle that individuals have the autonomy to control what happens to their own bodies and to be free from unwanted physical intru-sion. Government-imposed bodily intrusion infringes upon this right and can have serious implications on individuals’ rights. Recent scholarly discourse has delved deeply into the content, scope, and significance of this right, recognizing that a nuanced understanding of it is crucial for determining the permissibility or impassibility of various activities, especially in the criminal justice, including rehabilitation of of-fenders through medical interventions. The scholarly debate has prompted exploration into the nature of the right to bodily integrity and its implica-tions for a wider range of issues. While rehabilitation through medical in-terventions may be considered in certain contexts, it must be approved with caution and in accordance with ethical principles and human rights stand- ards. Upholding individuals’ right to bodily integrity and autonomy is par- amount, and any interventions must be justified, proportionate, and re- spectful of individual’s rights. The aim of the article is to contribute to the ethical and legal dimen-sions of the right to bodily integrity, by examining theoretical frameworks and practical implications.

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