ABSTRACT

Bodily integrity has been explained as bound up with a claim to exclude others from one's physical space. This chapter is concerned with the development of a right to integrity under the Court’s interpretation of Article 8. It argues that human rights law ought to secure human agency, as this is the most basic form of protection needed for one to live a life. The chapter analyses unwanted intrusions that are instigated and acted upon by the government and state as well as by private individuals and aspects. It discusses many violations that could be covered by a right to privacy, and a negative freedom. Unwanted physical intrusion, from unwanted touching of a publicly shown part of one's body say one's arm through to rape and grievous bodily harm are all physical invasions in some way.