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Bodily And Moral Integrity Rights

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Chapter Summary

In this chapter, the case law concerning bodily and moral integrity rights covers a great deal of substantive areas of law: physical abuse, including unwanted intrusions and unauthorised disclosure of private information, sexual and other assaults and rape by government officials and private actors, the treatment of the disabled, medical interventions against ones will, mental health, abortion, and aspects of dying. The Court has been keen to stress personal integritys fundamental nature to the right to respect for ones private life protected under Article 8 which in many ways has provided a fall back position when the level of severity of the treatment does not reach that required for Article 3 to be violated. Most of the case law supports a view of personal integrity, both bodily and moral, which connects to self-determining freedom to live a life of ones own choosing.

Keywords: bodily integrity rights; ECtHR; medical interventions; mental health; moral integrity rights; physical abuse

10.1163/ej.9789004170599.i-234.57
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