Internal WiP: Brian Earp

The Right to Bodily Integrity in Temporarily Non-Autonomous Persons

Venue: Open plan area, Suite 8, Littlegate House

Speaker: Brian Earp

Abstract: For this talk, an infringement of bodily integrity (BI) will be defined as any penetration into a bodily orifice, breaking of the skin, or other alteration to a person’s physical form. A violation of a person’s right to BI is any infringement of their BI that wrongs them. An autonomous person is wronged by an infringement of their BI if they did not consent to it. If a person is incapable of consenting because they are temporarily non-autonomous – as in the case of an intoxicated adult or a pre-autonomous child – I will argue that the infringement should be delayed until the individual becomes autonomous and can make their own decision. It is only when the infringement cannot be delayed without putting the person into a situation they would have even more reason not to consent to (if they were autonomous) that the infringement does not wrong them. Given the seriousness of violating anyone's right to BI, and especially that of the most vulnerable persons, the appropriate standard of reasons-to-consent for proceeding with a BI infringement on a child is argued to be at or near the ‘medically necessary’ threshold.
Booking: not required – internal only

Booking: not required – internal only