Simone Lawson
The concept of my body, my choice is a pro-choice argument that relates to bodily autonomy and an individual's right to govern their own body. While the US Constitution does not explicitly mention bodily autonomy, several amendments, such as the 14th Amendment, can be used to defend this right. The idea of bodily autonomy has been particularly prominent in discussions around abortion and vaccine mandates, with advocates on both sides claiming that their bodily autonomy is at stake. Additionally, the concept of body constitution, as defined by traditional Chinese medicine, plays a crucial role in understanding an individual's susceptibility to certain diseases and their emotional and physical responses to external factors.
| Characteristics | Values |
|---|---|
| Author | Miri Trauner |
| Journal | Brooklyn Law Review |
| Volume | 89 |
| Page Number | 643 |
| Year | 2024 |
| Keywords | Civil Rights, Discrimination, Constitutional Law, Fourteenth Amendment, Human Rights Law, Law and Gender, Privacy Law, Supreme Court of the United States |
| Argument | The right to bodily autonomy is supported by the US Constitution and would protect individual rights and choices while allowing government action to address the root causes of issues. |
| Implications | The recognition of a right to bodily autonomy would likely invalidate abortion bans and vaccine mandates outside of pandemic circumstances. |
| Related Concepts | Body constitution in traditional Chinese medicine refers to unique physical characteristics that influence health and behaviour, including susceptibility to pathogens. |
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What You'll Learn
Reproductive rights, including access to abortion and contraception
Reproductive rights are about the legal right to contraception, abortion, fertility treatment, reproductive health, and access to information about one's body as it relates to reproduction. Reproductive rights may include some or all of the following: the right to abortion, birth control, freedom from coerced sterilisation and contraception, the right to reproduce and start a family, the right to access good-quality reproductive healthcare, and the right to family planning to make free and informed reproductive choices.
Abortion, including access to legal, safe procedures to end a pregnancy, is one reproductive right. In many countries, there are exceptions to the criminal norm, allowing for legal abortion in limited circumstances, such as in cases where there is danger to the life of the mother or foetus, or where pregnancy has resulted from rape. In the Dominican Republic, abortion is illegal, but birth control education is provided by non-governmental organisations. In some countries, legal abortion and contraception are excluded from public health insurance. In the European Union, reproductive rights are protected through the European Convention on Human Rights and its jurisprudence, as well as the Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). However, these rights are often denied or restricted by the laws, policies, and practices of member states.
In many jurisdictions, minors require parental consent or notification to access various reproductive services, such as contraception, abortion, gynaecological consultations, and testing for STIs. In the US, the requirement that minors have parental consent or notification for testing for HIV/AIDS is especially controversial as it can cause delayed diagnosis and treatment. An important concept recognised since 1989 by the Convention on the Rights of the Child is that minors should, in accordance with their maturity and level of understanding, be involved in decisions that affect them.
Reproductive justice is a term used to describe the broader social and economic issues that affect the realisation of a woman's reproductive rights. Proponents of reproductive justice argue that while the right to legalised abortion and contraception applies to everyone, these choices are only meaningful to those with resources, and that there is a growing gap between access and affordability.
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Freedom to choose clothing, movement, love, sex and marriage
The concept of "your body, your choice" centres on the idea of individual autonomy and the freedom to make decisions about one's body and life. This includes the freedom to choose clothing, movement, whom to love, and whether, when, and whom to marry and have sex with. While these freedoms are widely recognised as fundamental human rights, they are not always universally guaranteed or respected.
Freedom of movement, a key aspect of "your body, your choice," refers to the ability to travel and move without restrictions. While this freedom is generally accepted, it is often limited by governments for reasons of public health, safety, or order. For example, restrictions on international travel, such as immigration or emigration controls, are commonplace. Additionally, within countries, the freedom of movement is often more limited for minors, and it can be significantly curtailed for those charged with or convicted of crimes. Historically, certain groups, including women and marginalised racial and social groups, have faced greater restrictions on their freedom of movement.
The right to freedom of movement is recognised in various international documents, such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966). Article 13 of the Universal Declaration of Human Rights states that "everyone has the right to freedom of movement and residence within the borders of each state." Similarly, the European Union's acquis communautaire includes freedom of movement for workers as one of its four economic freedoms.
Freedom of choice in clothing is another aspect of "your body, your choice." The ability to choose what to wear is often seen as a form of self-expression and a way to showcase one's personality, cultural identity, or values. However, this freedom can be restricted in certain contexts, such as in workplaces with specific dress codes or in countries with laws dictating modest or conservative attire.
The freedom to choose whom to love and whom to marry is also essential to the concept of "your body, your choice." While many countries recognise the right to marry and allow individuals to choose their partners freely, some jurisdictions impose restrictions based on factors such as gender, sexual orientation, or social status. Similarly, the freedom to choose whether and when to engage in sexual activity is a fundamental aspect of bodily autonomy, though this freedom is often curtailed for women and members of the LGBTQIA+ community.
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Consent and bodily autonomy
The concept of "my body, my choice" is closely tied to the idea of consent and bodily autonomy. This phrase has been used in various contexts, notably in debates surrounding abortion access and vaccine mandates. The recognition of a fundamental right to bodily autonomy has been a subject of discussion and legal interpretation, with potential implications for individual rights and government actions.
Similarly, during the COVID-19 pandemic, the issue of vaccine mandates sparked controversy over the constitutionality of mandatory vaccination. Advocates for abortion access and opponents of vaccine mandates united under the cry of "my body, my choice," emphasizing the importance of individual bodily autonomy in both contexts.
The recognition of a fundamental right to bodily autonomy has legal implications. Miri Trauner, in "My Body, Whose Choice? A Case for a Fundamental Right to Bodily Autonomy," argues that this right is supported by the US Constitution and could serve as a safeguard for individual choices. Under this framework, abortion bans and vaccine mandates may face legal scrutiny, except in specific circumstances such as a pandemic. However, the interpretation and implementation of this right remain subject to ongoing debate and judicial interpretation.
In conclusion, the phrase "my body, my choice" underscores the importance of consent and bodily autonomy in personal decision-making. It highlights the belief that individuals should have the right to make choices regarding their own bodies, particularly in matters of reproductive health and medical interventions. The legal and societal recognition of this right continues to evolve, shaping the landscape of individual rights and the role of government in regulating these choices.
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Right to access healthcare and make decisions about one's health
The right to access healthcare and make decisions about one's health is a fundamental aspect of the "my body, my choice" discourse. This right is enshrined in various international human rights instruments, including the WHO's Constitution, which recognises the right to health for all individuals. According to the WHO, countries have a legal obligation to develop and implement policies and legislation that guarantee universal access to quality health services. This includes addressing root causes of health disparities, such as poverty, stigma, and discrimination.
Universal Health Coverage (UHC), grounded in primary healthcare, is a key mechanism for ensuring that all people have affordable and equitable access to healthcare services. Additionally, the right to health is intertwined with other human rights, such as the rights to education, participation, food, housing, work, and information.
At the individual level, patients' rights further reinforce their ability to access healthcare and make informed decisions about their health. For instance, patients have the right to receive accurate and understandable information about their health plans, professionals, and facilities, enabling them to make informed choices. They also have the right to collaborate with healthcare providers in developing and carrying out agreed-upon treatment plans, emphasising shared decision-making.
In the United States, the "my body, my choice" slogan has been notably used in the context of reproductive rights and vaccine mandates. While there is no established fundamental right to bodily autonomy, advocates for abortion access and opponents to vaccine mandates have both invoked this phrase to assert their bodily autonomy. The debate surrounding these issues underscores the complexities and ongoing struggles surrounding the right to access healthcare and make autonomous decisions about one's health.
Furthermore, individuals in the US have rights under the HIPAA Privacy Rule to access their Protected Health Information (PHI) maintained by covered entities. This right ensures that individuals can access their medical records and other relevant information, regardless of the date or format of the information.
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Right to bodily integrity
The right to bodily integrity is a fundamental human right that emphasises the importance of personal autonomy, self-ownership, and self-determination over one's own body. It is a concept often associated with autonomy in case law and academic literature, and a breach of bodily integrity is considered significantly different from interference in decisions about one's body. This right is protected by international documents such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which states that no one shall be subjected to torture, cruel, inhuman, or degrading treatment.
Bodily integrity is about having control over one's physical body and consenting to or refusing medical treatment. For example, in the Republic of Ireland, bodily integrity has been recognised by the courts, and in Ryan v Attorney General, it was ruled that the state may not interfere with an individual's health or life. Additionally, the Canadian Charter of Rights and Freedoms defends personal liberty and the right to be free from interference. However, in certain circumstances, the government may temporarily override this right to preserve life, as in the case of forced feeding for anorexia nervosa.
The right to bodily integrity also applies to children, who have the right to autonomy and self-determination over their bodies. Practices that violate a child's bodily integrity include physical violence, forced medical treatment, and non-therapeutic surgeries such as 'corrective' genital surgery, gender reassignment surgery, and female genital mutilation. To promote children's bodily integrity, parents can encourage their children to communicate about boundaries, offer alternatives to physical affection, and postpone certain medical procedures until the child is competent to decide.
The recent US Supreme Court decision, Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, has brought into question not only reproductive rights but also other individual rights, with advocates for abortion access and opponents to vaccine mandates alike claiming "my body, my choice." This highlights the importance of recognising a fundamental right to bodily autonomy, which would safeguard individual choices while allowing government actions to address these issues.
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Frequently asked questions
"My body, my choice" is a movement that advocates for a fundamental right to bodily autonomy and individual choice. It argues that people should have the right to make decisions about their own bodies without government interference.
The "my body, my choice" movement has been applied to a range of issues, including abortion access and vaccine mandates. In the context of abortion, the movement supports a woman's right to choose whether to continue or terminate a pregnancy. Regarding vaccine mandates, "my body, my choice" argues that individuals should have the right to decide whether to receive a vaccine or not.
Proponents of "my body, my choice" argue that the right to bodily autonomy is supported by constitutional protections, such as privacy rights and human rights laws. In the United States, for example, the Fourteenth Amendment and the Bill of Rights are cited as potential sources of protection for bodily autonomy.
Body constitution, in the context of traditional Chinese medicine (TCM), refers to an individual's unique physical constitution, including their structural, physiological, and psychological attributes. It is believed that body constitution influences how we live and behave, as well as our susceptibility to certain health conditions. Recognizing and understanding our body constitution can help us make informed choices about our health and well-being, aligning with the principles of "my body, my choice."
