The Right To Bodily Integrity
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The Right To Bodily Integrity
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Author : A.M. Viens
language : en
Publisher: Routledge
Release Date : 2017-05-15
The Right To Bodily Integrity written by A.M. Viens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Political Science categories.
The right to bodily integrity has become a notable controversial issue within moral, political and legal discourse and this right is regarded as one of the most precious rights that persons have, alongside the right to life. Recent scholarly debate has focused attention on the content, scope and force of this right and has lead to the recognition that a better understanding of the nature of this right will contribute to determining whether and why a multitude of clinical and research activities in medical practice should be seen as permissible or impermissible. The essays selected for this volume examine topics such as pregnancy and reproduction, altering children’s bodies, transplantation, controversial modifications and surgeries, and experimentation and dead bodies. This is the first collection of scholarly research articles to provide a comprehensive overview of the ethical and legal aspects of the right to bodily integrity and its implications in theory and practice.
The Child S Right To Bodily Integrity
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Author : Robert Ludbrook
language : en
Publisher:
Release Date : 1995
The Child S Right To Bodily Integrity written by Robert Ludbrook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Children categories.
The Cambridge Handbook Of New Human Rights
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Author : Andreas von Arnauld
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
The Cambridge Handbook Of New Human Rights written by Andreas von Arnauld and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Political Science categories.
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
The Limits Of Bodily Integrity
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Author : Ruth A. Miller
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Limits Of Bodily Integrity written by Ruth A. Miller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.
Being And Owning
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Author : Jesse Wall
language : en
Publisher: OUP Oxford
Release Date : 2015-06-18
Being And Owning written by Jesse Wall and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-18 with Law categories.
When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.
Whose Body Is It Anyway
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Author : Cécile Fabre
language : en
Publisher: Oxford University Press on Demand
Release Date : 2006-04-06
Whose Body Is It Anyway written by Cécile Fabre and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-06 with Philosophy categories.
In the prevailing liberal ethos, if there is one thing that is beyond the reach of others, it is our body in particular, and our person in general: our legal and political tradition is such that we have the right to deny others access to our person and body, even though doing so would harm those who need personal services from us, or body parts. However, we lack the right to use ourselves as we wish in order to raise income, even though we do not necessarily harm others by doingso---even though we might in fact benefit them by doing so.Cécile Fabre's aim in this book is to show that, according to the principles of distributive justice which inform most liberal democracies, both in practice and in theory, it should be exactly the other way around: that is, if it is true that we lack the right to withhold access to material resources from those who need them, we also lack the right to withhold access to our body from those who need it; but we do, under some circumstances, have the right to decide how to use it in orderto raise income. More specifically, she argues in favour of the confiscation of body parts and personal services, as well as of the commercialization of organs, sex, and reproductive capacities.
Bodily Integrity And The Politics Of Circumcision
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Author : George C. Denniston
language : en
Publisher: Springer
Release Date : 2010-10-19
Bodily Integrity And The Politics Of Circumcision written by George C. Denniston and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-19 with Medical categories.
Every year 13.3 millions boys and 2 million girls are subjected to circumcision, the involuntary removal of part or all of their external sex organs. Bodily Integrity and the Politics of Circumcision illuminates the vulnerability of human society to medical, economic, and historical pressures. It provides a much-needed, thoughtful, and detailed analysis of the devastating impact of circumcision on bodily integrity and human rights, and it provides hope for change.
Personal Freedom Through Human Rights Law
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Author : Jill Marshall
language : en
Publisher: BRILL
Release Date : 2009
Personal Freedom Through Human Rights Law written by Jill Marshall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Breaking The Abortion Deadlock
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Author : Eileen McDonagh
language : en
Publisher: Oxford University Press
Release Date : 1996-10-24
Breaking The Abortion Deadlock written by Eileen McDonagh and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-10-24 with Social Science categories.
For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.
Bodies Of Law
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Author : Alan Hyde
language : en
Publisher: Princeton University Press
Release Date : 1997-07-07
Bodies Of Law written by Alan Hyde and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-07 with Law categories.
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.