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Constituting children's bodily integrity.

B Jessie Hill1

  • 1Case Western Reserve University School of Law.

Duke Law Journal
|May 29, 2015
PubMed
Summary

Children possess a constitutional right to bodily integrity, even within the family. This analysis explores the scope of minors' bodily autonomy beyond reproductive rights, examining legal precedents and philosophical implications.

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Area of Science:

  • Legal Studies
  • Constitutional Law
  • Child Rights

Background:

  • Children have a recognized constitutional right to bodily integrity, particularly against state infringement.
  • This right's application within the family, protecting minors from unwanted physical intrusions irrespective of parental consent, remains legally ambiguous and underexplored.
  • Existing legal frameworks primarily address this right in contexts like abortion and contraception, leaving other areas unexamined.

Purpose of the Study:

  • To comprehensively analyze the constitutional right to bodily integrity for minors within the family unit.
  • To bridge disparate legal doctrines, including reproductive rights, corporal punishment, medical decision-making, and non-therapeutic interventions.
  • To explore the philosophical and doctrinal complexities surrounding state action and the family-state relationship in the context of children's rights.

Main Methods:

  • Legal analysis of constitutional rights and case law.
  • Examination of disparate doctrinal categories related to minors' bodily autonomy.
  • Philosophical inquiry into the family-state relationship and state action.

Main Results:

  • The constitutional right to bodily integrity for minors within the family is not clearly defined beyond specific contexts.
  • Existing legal doctrines offer fragmented perspectives on children's bodily autonomy.
  • The concept of "state action" presents significant challenges in applying this right within familial relationships.

Conclusions:

  • There is a need to delineate a clearer constitutional right to bodily security and autonomy for children within the family.
  • Further legal and philosophical scholarship is required to address the complexities of minors' bodily integrity.
  • Establishing a robust framework is essential for protecting children's fundamental rights against both state and familial intrusions.

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