Human rights

329 quotes found

"I believe with all my heart that America must always stand for these basic human rights at home and abroad. That is both our history and our destiny. America did not invent human rights. In a very real sense, it's the other way around. Human rights invented America. Ours was the first nation in the history of the world to be founded explicitly on such an idea. Our social and political progress has been based on one fundamental principle: the value and importance of the individual. The fundamental force that unites us is not kinship or place of origin or religious preference. The love of liberty is the common blood that flows in our American veins. The battle for human rights, at home and abroad, is far from over. We should never be surprised nor discouraged, because the impact of our efforts has had and will always have varied results. Rather, we should take pride that the ideals which gave birth to our Nation still inspire the hopes of oppressed people around the world. We have no cause for self-righteousness or complacency, but we have every reason to persevere, both within our own country and beyond our borders. If we are to serve as a beacon for human rights, we must continue to perfect here at home the rights and the values which we espouse around the world: a decent education for our children, adequate medical care for all Americans, an end to discrimination against minorities and women, a job for all those able to work, and freedom from injustice and religious intolerance."

- Human rights

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"For some countries, the failure to uphold human rights is excused by the false suggestion that these are somehow Western principles, foreign to local cultures or stages of a nation’s development. And within America, there has long been a tension between those who describe themselves as realists or idealists – a tension that suggests a stark choice between the narrow pursuit of interests or an endless campaign to impose our values around the world.I reject these choices. I believe that peace is unstable where citizens are denied the right to speak freely or worship as they please; choose their own leaders or assemble without fear. Pent-up grievances fester, and the suppression of tribal and religious identity can lead to violence. We also know that the opposite is true. Only when Europe became free did it finally find peace. America has never fought a war against a democracy, and our closest friends are governments that protect the rights of their citizens. No matter how callously defined, neither America’s interests – nor the world’s – are served by the denial of human aspirations. So even as we respect the unique culture and traditions of different countries, America will always be a voice for those aspirations that are universal. We will bear witness to the quiet dignity of reformers like Aung Sang Suu Kyi; to the bravery of Zimbabweans who cast their ballots in the face of beatings; to the hundreds of thousands who have marched silently through the streets of Iran. It is telling that the leaders of these governments fear the aspirations of their own people more than the power of any other nation. And it is the responsibility of all free people and free nations to make clear that these movements – these movements of hope and history – they have us on their side."

- Human rights

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"While we must be cautious about forcing the pace of change, we must not hesitate to declare our ultimate objectives and to take concrete actions to move toward them. We must be staunch in our conviction that freedom is not the sole prerogative of a lucky few, but the inalienable and universal right of all human beings. So states the United Nations Universal Declaration of Human Rights, which, among other things, guarantees free elections. The objective I propose is quite simple to state: to foster the infrastructure of democracy, the system of a free press, unions, political parties, universities, which allows a people to choose their own way to develop their own culture, to reconcile their own differences through peaceful means. This is not cultural imperialism, it is providing the means for genuine self-determination and protection for diversity. Democracy already flourishes in countries with very different cultures and historical experiences. It would be cultural condescension, or worse, to say that any people prefer dictatorship to democracy. Who would voluntarily choose not to have the right to vote, decide to purchase government propaganda handouts instead of independent newspapers, prefer government to worker-controlled unions, opt for land to be owned by the state instead of those who till it, want government repression of religious liberty, a single political party instead of a free choice, a rigid cultural orthodoxy instead of democratic tolerance and diversity?"

- Human rights

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"For Catholics, a prohibition on abortion would not be a gratuitous addition to the UN’s Declaration, but instead a recognition of the principles that supported the entire human rights tradition. Human rights, Catholics believed, were not the product of modern secular values, but were instead derived from the natural law—an unwritten code which, in accordance with the view of the medieval theologian Thomas Aquinas, could be discovered through reasoned reflection on the purposes for which God had created human beings. Pope Pius XI’s papal encyclicals of the early 1930s had defended both the “sacred rights of the workers that flow from their dignity as men and as Christians” and the “sacred” life of the unborn as inviolable principles derived from the “law of nature”. One of the most influential Catholic proponents of international human rights in the mid-twentieth century—and a contributor to the UN’s Universal Declaration of Human Rights—was a natural-law philosopher, Jacques Maritain, who grounded his ethical principles in the thought of Aquinas. Though proponents of abortion law reform often appealed to the principles of New Deal liberalism in arguing that the legalization of therapeutic abortion would save women’s lives and alleviate poverty, Catholic opponents of abortion legalization believed that they were the true guardians of liberal values and the human rights tradition, because their arguments against abortion were grounded in the claim that all people—born and unborn—had the right to life. Without protection for that fundamental right, they believed, no one’s rights would be secure and the “law of the jungle will prevail”."

- Human rights

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"In her classic analysis of totalitarianism, Hannah Arendt traced its roots to the nationalization of human rights. Implied in the working system of nation-states from the very outset, she argues, was "that only nationals could be citizens, only people of the same national origin could enjoy the full protection of legal institutions, that persons of different nationality needed some law of exception until or unless they were completely assimilated and divorced from their origins." However, since the emergence of nation-states coincided historically with the development of constitutional government, the inherent dangers of linking rights with nationality remained hidden from view until World War I and its consequences "sufficiently shattered the facade of Europe's political system to lay bare its hiddenframe. Out of this "two victim groups emerged whose sufferings were different from those of all others in the era between the wars," the national minorities in the "successor States" and the Stateless. It was precisely the experience of these sufferings that provided the impetus to reverse the previous historical trend in the wake of World War II by developing a doctrine of "human rights," which was successfully operationalized by way of a multitude of legal instruments at the national and international levels. More recently, however, what began as a mere internationalization of human rights, whereby States undertake to respect the rights of individuals within their jurisdiction as a condition for membership in the international community, has evolved further into a globalization of these rights, in the sense that they are seen to arise in the membership of all individuals in the human species. This amounts to a rudimentary form of citizenship in a Kantian cosmopolitan polity in the making, a notion that entails the concomitant imposition of significant limits on State sovereignty."

- Human rights

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"All dictators risk being overthrown by their opponents... [and] therefore need large police forces to protect them. ...The police force in ...their job was to arrest people before they committed crimes. ...All local police units had to draw up lists of people who might be 'Enemies of the State'. They gave these lists to the ... a branch of the SS... [with] the power to do... as it liked. ...'Enemies of the State' ...are [likely] woken ...by a violent knocking at the door. ...[M]en in black uniforms ...[give] three minutes to pack a bag. ...[T]hey take you to the ...police station where you are shut in a cell. ...[D]ays, weeks or months ...[later] ...you are ...told to sign Form D-11, an 'Order for Protective Custody' ...agreeing to go to prison ...[Y]ou are too scared to refuse to sign ...Without ...a trial you are ...taken to a concentration camp where you ...stay for as long as the Gestapo pleases. ...A former prisoner ...described ...'In Buchenwald there were 8000 ...2000 Jews and 6000 non-Jews. ...first ..."politicals" ...many ...in concentration camps ...since 1933 ...many ...accused of having spoken abusively of the sacred ... Fuehrer ...After the "political", the ..."work-shy" is the largest. ...A business employee lost his position and applied for unemployment relief. ...he was informed by the Labour Exchange that he could obtain employment as a navvy on the ...roads. This man, who was looking for a commercial post, turned down the offer. ...[R]eported as "work-shy" ...he was ...arrested and taken to a concentration camp. The next group were the "Bibelforscher" a religious sect ...proscribed ...by the Gestapo since ...members refuse military service. The fourth... homosexuals... To charge this offense is a favorite tactic of the secret police. ...The last class ...professional criminals...'"

- Police state

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"Sipo and SD was a conglomerate, formed... when Heinrich Himmler, Reichfuehrer SS, became chief of the German Police. He fused the Criminal Investigative Police (Kripo) and the (the political police) to form the Security Police ( or Sipo) under the command of SS General Reinhard Heydrich. ...[T]he exchange of personnel ...produced an amalgam of party and state agencies that became central to the execution of most of the terror and mass murder of the Third Reich. ...Although no single organization carries full responsibility for the evils of the Third Reich, the SS-police system was the executor of terrorism and "population policy" in the same way that the military carried out the Reich’s imperialistic aggression. Within the police state, even the concentration camps could not rival the impact of Sipo and SD. It was the source not only of the "s" who administered terror and genocide by assigning victims to the camps, but also of the police executives for identification and arrest, and of the command and staff for a major instrument of execution, the . ...Sipo and SD was ...central to many ...controversial developments in the Third Reich—the totalitarian efforts to achieve conformity and to end opposition, the race and resettlement programs, the development and implementation of imperialistic expansion ...The creation of the totalitarian police state as an essential step toward the provides one ...perspective for this study. ...[H]ow [could] a modern of such cultural prestige as Germany... be twisted to Hitler's ends, how so many thousands of functionaries—more ordinary Germans than Nazi extremists or sadists—could be found to execute Hitler's will[?] When the Nazi experience becomes the will of the ... the result is both an alabi... and a smoke screen that obscures insights into how similarly extreme developments might reoccur, perhaps without a Hitler or a German '."

- Police state

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"[T]he real key to power in the State—control of the n police force and of the... State Administration—lay with Goering, as Prussian Minister of the Interior. ...In the critical period of 1933-1934, no man after Hitler played so important a role in the Nazi revolution ...His energy and ruthlessness together with his control ...were indispensable to Hitler's success. Goering showed no intention of being restrained ...he enforced his will, as if he already held absolute power. The moment Goering entered office he began a drastic of the Prussian State service, paying particular attention to the senior police officers, where he made a clean sweep in favour of his own appointments, many of them — S.A. or S.S. leaders. ...Goering issued an order to show no mercy to the activities of "organizations hostile to the State" ...Goering continued: "Police officers who make... use of fire-arms in the execution of their duties will... benefit by my protection; those who... fail in their duty will be punished..." In other words, when in doubt shoot. ...All they had to do was ...put a white arm-band over their brown ...or black shirts: they then represented the authority of the State. ...For the citizen to appeal to the police for protection became more dangerous than to suffer assault and robbery in silence. At best, the police... looked the other way; more often the auxiliaries helped ...S.A. comrades ..beat up their victims. This was “legality” in practice."

- Police state

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"We just heard from the Minister of Honduras. Let us recall that United Fruit Company essentially ran his country for a long time. United Fruit’s attorney was US Secretary of State John Foster Dulles, and his brother Allen Dulles was the head of the CIA. On behalf of United Fruit Company, the two Dulles Brothers conspired to overthrow President Jacobo Árbenz of Guatemala, next door to Honduras, in order to stop the land reforms that Árbenz was trying to implement. So, yes, we have a global food system, but we need a different system. That different system must be based on the principle of universal human dignity in the Universal Declaration of Human Rights, the principle of national sovereignty in the UN Charter, and the economic rights in the Universal Declaration and the International Covenant of Economic, Social, and Cultural Rights. In the Universal Declaration, all governments agreed that social protection is a human right, not merely a “nice thing,” or a pleasant thing, but a basic human right. That was 73 years ago. The Sustainable Development Goals are our generation's pledge to honor the Universal Declaration of Human Rights. Yet I come from a country that not only doesn't care about the world's poor, it doesn't even care about its own poor. One in seven Americans is hungry right now, but one political party cares about little more than cutting taxes for the rich and filibustering any real solutions to poverty."

- Universal Declaration of Human Rights

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"Freedom of speech and of the press are which are safeguarded by the of the Fourteenth Amendment of the Federal Constitution. [...] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. [...] The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [...] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the s of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government."

- Freedom of assembly

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"4. 1° No citizen shall be deprived of his personal liberty save in accordance with law. 2° Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law. 3° Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Supreme Court by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Supreme Court has determined the question so referred to it. 4° The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only. 5° Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion. 6° Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person."

- Bodily integrity

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"Now recall the structure of negative liberty as it has long been conceived in the liberal political tradition. In contrast to any (positive) right to autonomy, the right to negative liberty is neither conceptually impossible nor morally indefensible under contemporary conditions. My interest in being left alone is sufficient grounds for placing others under duties not to molest or interfere with me; and these duties are sufficiently undemanding to be universalized to that, for example, we all have a duty not to invade anybody else's physical integrity.28 Appealing to negative liberty is one way to construct a justifactory argument for a right to physical integrity; but “not” the best way, which – as also with regard to privacy rights – is to argue from autonomy. In fact, the Interest Theory advocates a multi-layered and dynamic conception of rights, according to which a single right may be the ground of an almost endless number of duties, from which further rights and duties flow. These rights and duties can be described as coming in “waves”, or it might be said, less metaphorically, that derivative duty-imposing rights are elaborated through moral arguments which extrapolate from “core” rights and duties. A core right to physical integrity, for example, might include within its derivates victim's rights to receive compensation, as well as a bundle of criminal justice rights for the state to detect, catch, try and punish offenders in cases where a person's physical integrity has been violated unjustifiably."

- Bodily integrity

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"Some readers might now be thinking that their skepticism about the existence of a right to privacy has been more than vindicated – and by an opponent! - but this is to forget the lesson of the first section, and so to fall victim to the second misconception I promised to dispel. Privacy, to repeat, is essential for an autonomous life. It is therefore self-defeating for anybody who embraces the liberal ideal of personal autonomy to deny that there is a right to privacy in order to defend a competing right to bodily integrity. For why is bodily integrity valuable? In large part precisely because it is another prerequisite for living autonomously. The implication of finding a common root both for rights and rights to bodily integrity in a liberal conception of well-being, it should be evident, is that bodily integrity would be worth much less (though certainly not worthless)46 if privacy interests lacked adequate protection. (The reverse relation also holds, of course: a surfeit of privacy would be inadequate compensation for a substantial loss of bodily autonomy). It is certainly much to be regretted that rights always over-extend to situations in which the protection they afford is unwarranted or abused, as well as to situations in which the right-holder's interest in privacy is trivial or non-existent. But this over-extension is an attribute that the right to privacy shares with every other species of right; and while it is possible to reduce the area of over-extension through careful drafting and interpretation, at some point further refinements can only be bought at the cost of excluding meritorious cases from the ambit of the right. No amount of handwringing or denial will alter that conceptual reality, or falsify the moral truth about rights. Unless one is prepared to reject the liberal ideal of autonomy itself, therefore, the right to privacy seems secure, its faults and limitations notwithstanding."

- Bodily integrity

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"The second bodily privacy category relates to violation of a person's bodily integrity. Bodily integrity is violated by the application of any degree of force to the body – the merest touching will suffice. There are two broad situations in which bodily integrity is typically infringed. The first, and most common, is where force is applied to the body of a person in order to elicit some type of sensation, normally pleasure or pain. The most typical examples are where force is applied to cause pain, or as part of the thrust and parry of everyday life (for example, being bustled in a crowded train) or as a romantic gesture. The law of privacy has no application in this context. These contacts are governed by criminal law and torts law. The broad principle is that all non-consensual touching is unlawful, apart from the contacts that we implicitly consent to as part of everyday life. Properly viewed, contacts of this nature do not engage the right to privacy. This is because the other rights that are at issue are universally regarded as more important than the right to privacy. The right to bodily integrity, apart from the right to life which in some manifestations overlaps with the right to bodily integrity, is perhaps the most important right in the context of any normative ethic. The protection that it can shore up will not be further advanced by re-phrasing the interests in terms of privacy. Violations of bodily integrity can result in the perpetrator incurring both criminal liability, for offences such as assault and battery, and also civil liability to pay damages to the victim. The main tortious actions are battery, assault, action on the case for damages for physical injury and action on the case for nervous shock and negligence."

- Bodily integrity

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"A second situation in which one's bodily integrity is violated is where the other party has a strategic reason to obtain something of interest from the body of the person. The principal example of this is where a body sample is sought from a person. As a general rule more information about a person can be ascertained from bodily samples than the forms of bodily “invasions” referred to above. An enormous amount f information can potentially be obtained from a hair, saliva, skin, urine, breath or blood sample. This the right of information privacy is potentially more strongly invoked in these circumstances. In some cases the right to physical integrity also comes into play. This applies to all of the above examples, except breath and urine samples. All of these procedures are permissible with the consent of the person involved. This consent can be immediate or it can be given beforehand as a pre-condition to lawful participation in an activity. Thus, many professional sportspeople and people involved in other vocations (such as the military) undertake to submit themselves to certain forms of testing if and when required. Apart from these consensual situations it is unlawful for any person to demand a bodily sample or take it by force except where expressly authorised by statute. As a general rule, the only situation in which it is permissible to take such samples by force is for purposes of detection and investigation of crime."

- Bodily integrity

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"[C]onsent and bodily integrity have been equally key to the criminalization and decriminalization of abortion and adultery, as well as to more broadly defined discussions of gender and citizenship. As Drucilla Cornell has argued with respect to the conditions necessary “ to transform ourselves into individualize beings who can participate in public and political life as equal citizens,” only “1) bodily integrity, differentiation of oneself from others, and 3) the protection of the imaginary domain itself” are sufficient for full, equal political participation. Bodily integrity and consenting individualism, in other words, are for Cornell central to overcoming the gender hierarchy implicit in post-Enlightenment conceptions of citizenship. But they are also, as I mentioned above, central to supplanting political space with biopolitical space, to exploding the classical-juridical categories of citizenship and to rendering them a largely meaningless. I will elaborate on this argument more fully in the following chapters, for for now I would like to sketch three analyses of the consent/bodily integrity formula that point to a significant transformation in the relationship between sexual and reproductive identity on the one hand and political identity on the other. The first of these analyses suggests that sexual and reproductive legislation has been instrumental to the formulation of lawless space. The second suggests that that the citizens who inhabit this space are subject, in the name of security or even national security, to a constant, intense, and intimate regulation of every aspect of their biological lives-that sexual and reproductive legislation is promulgated precisely for the purposes of this regulation. The third suggests more broadly that the consent/bodily integrity formula itself has produced a situation in which citizens can be known only biologically and sexually, and that juridical status alone I irrelevant to contemporary politics."

- Bodily integrity

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"The question at stake in general is whether the violation of bodily integrity is about physical trespass or whether it is about something else. And if it something else, is this something a matter of existential identity, political or bodily borders, or political or bodily control? Scarry, for example, begins her discussion of consent and rights with a reference to Judge Cardozo's conclusion in the 1914 case, Schloendorff v Society of New York Hospital, in which Cardozo writes that “in the case at hand the wrong complained of is not merely negligence. It is trespass. Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs or operates without his patient's consent commits an assault for which he is liable in damage.” In analyzing this passage, Scarry argues that the body, in his language, is conceived of as a palpable ground: the body has edges; it has specific boundaries; to cross over these boundaries without the authorization of the person is an act of trespass. Judge Cardozo sets this in a political and philosophical framework by citing the 1905 Illinois Court of Appeals case, Pratt v. Davis, in which Justice Brown had asserted "Under a free government at least, the free citizen's first and greatest right, which underlies all others-the right to the inviolability of his person, in other words, his right to himself-is the subject of universal acquiescence.” Here, as legal commentators have noticed, the private relations (or what might have been conceived of as merely the private” relation) between physician and patient is placed within the frame of the “civil rights of citizenship”"

- Bodily integrity

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"Scholars such as Catharine MacKinnon and Jean L. Cohen, arguing on separate sides of the US abortion-rights-as-privacy-rights debate, have likewise suggested the inherently spatial dimensions of the rhetoric surrounding bodily integrity-even if they have not effectively problematized these dimensions in the way that Scarry and Hyde have. In another context, Luise White has critiqued the neo-colonial implications “lurking behind western notions of bodily integrity,” arguing that “stories of body parts, hearts, doctors and border crossings are not only a debate about the vulnerability of African bodies, but about the vulnerability of African borders, and about the language of individual rights that protects bodies and undermines borders.” Like so many other aspects of the “global” rights rhetoric that reinforces the borders surrounding European and North American political space, in other words, the right to bodily integrity likewise produces a porous, permeable boundary around nation states int her rest of the world. The point to be made here, however, is simply that the linkage between modern notions of bodily integrity and modern notions of political space-be it the space enclosed by sovereign, national boundaries, the “public sphere,” the arena of the “private,” or colonized space constantly in flux-is one that has been developing over a number of years. Crimes against bodily integrity are about a physically defined political trespass. They involve a biological undermining of sovereign boundaries, the public sphere, or the domain of the private."

- Bodily integrity

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"Drucilla Cornell addresses the question of bodily integrity, personhood, and the legal protection of both in a related way, arguing that, the right to abortion should not be understood as the right to choose an abortion but as the right to realize the legitimacy of the individual woman's projection of her own bodily integrity, consistent with her imagination of herself at the time that she chooses to terminate her pregnancy. Here, in other words, personhood and bodily integrity are not about physical wholeness but about psychological or existential wholeness-the relationship between an intact body and a sense of self. A woman's identity (political and otherwise) is based on the projection of her physical and psychological self, and a legal system must protect a woman citizen's ability (and “right”) to maintain this identity. As Taub notes, although “far more sophisticated” than many other approaches, Cornell's analysis is also based both implicitly and explicitly upon a Lacanian interpretation of the mirroring process. Taub further argues that if we do not accept Lacanian analysis, Cornell's argument becomes problematic. I would respond, however, that psychological projections of the self based on bodily integrity are not any more constructed (or “false”) than physical projections of the same, and that Cornell's approach is therefore useful regardless of whether or not we accept the details of Lacanian analysis. Indeed, both the more “basic” approach and the more “sophisticated” approach appear to get at the same issue-the linkage of personhood or the self to the ideal of wholeness, and the need for legal structures or rights rhetoric to protect this connection."

- Bodily integrity

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"Although a second critique of Cornell's analysis might be elaborated via a reading of Lesley Caldwell's discussion of abortion in Italy: “because [abortion as contraception] does not imply the forethought that most methods of contraception demand, it more readily accommodates women not thinking of themselves as active sexual persons; this is a refusal that closely aligns with dominant ideas of masculinity and femininity.” Caldwell 1981, 59. Here, in other words, we have women using the right to bodily integrity and their right to abortion to project themselves (psychologically-if not according to strict Lacanian analysis) as participants of patriarchal gender relations. Women's right to bodily integrity in this context reinforces notions of women's sexual passivity. At the same time, I should emphasize that my point is not to argue that abortion rights always, or even often, lead to are-inscription of patriarchal power structures. Nor do I want to argue that Cornell's approach to bodily integrity is somehow flawed. Instead, I want to caution that the late twentieth century rhetoric of bodily integrity, like the early twentieth century rhetoric of consent, is a complicated one-by no means leading us inexorably to a changed or altered relationship between politics and reproduction. Indeed, as we shall see, the late twentieth century decriminalization of abortion, with its invocation of bodily integrity, defined in far more in compromising terms women's bodies as incubators for future political subjects."

- Bodily integrity

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"As reproduction, abortion, and abortion rights became linked not only to contraception and sterilization, but also to the post-Second World War ideal of bodily integrity, in other words, the womb became a space, ironically, far more' open to regulation than it had ever been before. This regulation, however, was occurring now in the name of protecting a woman's political, sexual, social, and civilizational self, rather than in the name of the health or integrity of the race. By the late 1970s, in fact, the Council of Europe was arguing that this approach to reproduction was an eminently public, national concern-”the activities of private family planning associations .. supported as complements of, not substitutes for vigorous national programs.” But it was not just the politicization of reproductive space-or the mapping of the public onto the womb-that occurred with the entry of bodily integrity into discussions of reproductive law. It was also that the public sphere was likewise transformed into an arena for expressing sexual, reproductive, and therefore biopolitical identities. The conflation of bodily borders and national borders explicitly noted by White and implicitly suggested by philosophers such as Locke thus became increasingly overt as the twentieth century progressed. Indeed, bodily integrity, far more than consent, became the means of defining the biopolitical subject, politicizing not just the womb, for instance, but the hospital in which the abortion would be performed-inscribing the nation onto a reproductive space now defined explicitly as a container for both the consenting patient and the non-consenting citizen."

- Bodily integrity

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"Indeed, law must be violated in order to preserve the body. The clear message is that national identity-liberal citizenship even-has nothing to do with juridical boundaries and everything to do with biological ones. This message becomes even more overt in Turkey of the 1990s, when the right to bodily integrity is invoked as a means of halting state-sponsored virginity examinations. I will discuss these examinations in more detail in the next chapter, but for now I would simply like to consider the implications of one of the more common slogans of the campaign against the procedure-"No to Virginity Tests! This is My Body!” (“Bekaret Kontrolune hayir! Bedenimiz Bizimdir!”). As Ayse Gul Altinay states in an endnote to an essay discussing the campaign, “it is hard to find an appropriate translation for 'Bedenimiz bizimdir,' which means 'these are our bodies' or 'our bodies belong to us.' It is problematic to translate it as the singular 'this is my body,' but I could not find anything that was more appropriate.” The basic problem with translating the slogan, in other words, is that beden refers to a singular “body.” but it is attached to a plural possessive. The most literal translation of the phrase would therefore be “this is our body” or “out body belongs to us.” As Altinay notes, such a translation would undercut the broader purpose of the slogan, and is therefore inappropriate in an essay lauding the campaign. At the same time, however, it is worth considering the implications of both the slogan's singular and the slogan's plural, given the connection between reproduction and law that I have been suggesting in the formulation of biopolitical identity. As Foucault has argued with regard to biopolitics in general, what we are dealing with in this new technology of power is not exactly society (or at least not the social body, as defined by the jurists), nor is it the individual-as-body. It is a new body, a multiple body with so many heads that, while they might not be infinity in number, cannot necessarily be counted. Biopolitics deals with the population. The biopolitical focus on population, in other words, is a focus that produces precisely a collection of protesting, juridically defined citizens claiming the public sphere as a means of protecting “their” (plural) biologically defined “body” (singular). The invocation of bodily integrity, therefore, quite overtly turns not just reproductive space into political space, but political space into reproductive space-reducing legal, political, and biological bodies as well as borders to one and the same thing. Indeed, one of the more basic effects of thinking of citizenship in terms of bodily integrity is that the “public sphere” gradually ceases to be defied as the “arena in which consent is formed” and comes instead to be understood as a place in which bodies are defined and reproductive space established. In the case of reproductive legislation, we see an attempt to turn the places (the hospital here as well as the womb) where abortions are performed into simultaneously modern space and political space. In Turkey, for instance, in addition to the trope of “traditional” contraception, there is also the trope of abortions performed in "traditional” or “rural” settings-abortions understood to be both more widespread and less appropriate than those performed in “urban” settings by “trained” personnel. Likewise, in all three states, there is a concerted effort to restrict “legal” abortions to certified hospitals or clinics. This effort to confine abortions to legally defined, modern arenas-to villify the “backstreet abortion” alongside the “untrained midwife”-is not, however, simply a continuation of the nineteenth century process of linking the medical to the legal and of criminalizing unregulated medical practitioners. More so, I would argue, it is part of a new, late twentieth century process of aligning reproductive space, political space, and now medical space as well."

- Bodily integrity

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"In quite different ways, in other words, Cahill, Hengehold, and MacKinnon were all implicitly or explicitly advocating, first. An understanding of rape that addressed both the reality and the rhetoric of women's sexuality, and, second, a more critical approach to crimes committed against this sexuality. To the extent that-constructed or not-sexual identity intersected with social, political, or national identity, rape needed to be understood as an attack on subjectivity as much as it was understood as a physical assault. To the extent that the centrality of the penis (counter intuitively) highlighted the violent as opposed to the sexual nature of rape, the male penis needed to be downplayed in favor of female bodily integrity. All three of these theorists, in other words, were understanding rape in terms of "trespass” rather than in terms of "penetration.” To draw on the vocabulary of the last chapter, identity was trumping violence. All three of these theorists were also, however, writing in the late 1980s and 1990s. By the first years of the twenty-first century, both internal law and European law had changed. Indeed, by 2005, various international legislative commissions had started defining rape in precisely the terms advanced by Cahill, Henhehold, and MacKinnon. Meanwhile, French, Italian, Turkish and other nation-state based jurists were coming to understand rape explicitly as an issue of bodily integrity, identity and dignity-highlighting the victim's subjectivity, and marginalizing or in some cases eliminating completely the role of violence, penetration, or the penis. If we are operating in a progress narrative, therefore, we seem to be on the right track. In fact, if we look further back in time, past the 1977 conversation with Foucault, we can see a distinctly progressive transformation-from a “traditional” approach to rape, in which a woman's sexuality, or more specifically her virginity, was the property of her family, her father, or her husband, to a late nineteenth/early twentieth century moment during which women were understood as (liberal) political actors theoretically (if not actually) capable of consent, to, finally, this late twentieth/early twenty-first century point at which women became embodied subjects, political actors to the extent that their bodily integrity remained intact."

- Bodily integrity

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"In the seventeenth and eighteenth centuries, women's bodies were unprotected. They were permeable, penetrable texts that might be read, analyzed, and exposed. Women by their very (sexual ad reproductive) nature indeed could not possess a coherent subjectivity, given that torture and labor played identical roles in destabilizing it. Just as torture simultaneously marked and revealed the truth of a crime on a broken, objectified individual's body, in other words, so too did labor mark and reveal the same on a similarly objectified woman's body. By the late nineteenth and twentieth centuries, however-largely in the name of treating a legally defined, uniform citizenry, where the concept “natural,” even, was linked to the marriage contract-women's bodies became unbroken, and unbreakable. Even in labor, women maintained their subjectivity. They were indeed so intellectually collected, so capable of producing their own narratives, they they could deliberately obscure or hide a “truth” that in the eighteenth century would have appeared on their pain racked bodies regardless of their volition. At the same time, however, I want to suggest that this taking for granted of women's bodily integrity (linked to their subjectivity)-which eventually became the taking for granted of their right to bodily integrity (linked to their subjectivity)-did not by any means render women's bodies less spatially defined than they had been before. The only difference was that rather than serving as political space, they began to serve as biopolitical space. Just as occurred at the beginning of the twentieth century with the mobilization of consent theory, in other words, here with the mobilization of bodily integrity, we have, first of all, the rendering of all sex criminal by its very nature-subject to regulation by national and international; structures. Second, there is the replacement of torture by forensic medicine-each search for testimony reading women's bodies as passive objects, the only obvious difference between the two being forensic medicine's reliance on consent theory. And finally, we have the at this point exaggerated overlay between bodily boundaries and political boundaries-the mobilization of the right to bodily integrity turning violations of a woman's biological barriers into acts of treason."

- Bodily integrity

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"Rape is a crime not because there is an absence of consent, but because sex is an assault on politically defined biological boundaries. The role of “proving” consent is thus, again, simply to mitigate the original crime. Far more so than early twentieth century fascist and “quasi”-fascist legislature, contemporary international law has thus mobilized the “right” implied by integrity/autonomy to turn sex into something in need of constant regulation And indeed, to the extent that both integrity and autonomy play interchangeable roles in the contemporary legislation, the passive, spatial nature of women's bodies is highlighted. In Kirsten Campbell's description of the ICTY's approach to rape law, for instance, we learn that, the Tribunal's conception of the crime of rape rests upon notions of integrity of the body and of the self of the survivor of sexual violence .. [T]his model of rape as a crime against humanity thus rests upon a conception of the material integrity of the body, and of the crime as a trauma to it … [I]n “Kunarac” the crime consists not only of a breach of bodily integrity but also of sexual autonomy ... [T]his model of rape reflects the more liberal model of rape, which “now understands the crime as a violation of autonomy, as a failure to recognize the victim's civil rights of self determination” and assumes that “personhood is intricately tied to self-determination and autonomy.” In a very different context, Alan Hyde has argued that, bodies may indeed be experienced as autonomous, but, when this is so, this is because of their social, discursive construction as autonomous. Body autonomy is really social, public, and conventional ... [I]t follows that the body is not the best but the worst standpoint for defining legal subjects, particularly subjects' autonomy against public intrusion (the aim of those who would replace the right of privacy with a right to bodily integrity or autonomy). Hyde's analysis is more critically informed than Campbell's is-working from the notion that the autonomous body is a political construct rather than some pre-existent, natural reality. But each in a different way accepts unquestionably the slippage between the “autonomy” associated with the liberal right to do with one's body as one wishes, and the “integrity” associated with the authoritarian insistence the body is inviolable and deserving of respect. In Campbell's discussion, we have firs ta conflation of the “self” and bodily integrity, followed by a characterization of rape as a simultaneous assault on bodily integrity and sexual autonomy. The passage concludes with a conflation this time of “personhood,” “self-determination,” and “autonomy.” Hyde's discussion is almost a mirror image. We start with bodily “autonomy”, and then move to the strange assertion that autonomy *rather than integrity) serves as a barrier “against public intrusion.” We then conclude with integrity “or” autonomy replacing the notion of privacy. If integrity and autonomy-and the right to both-were the same thing, then these discussions would be entirely reasonable. Without question, however, they are not."

- Bodily integrity

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"What is it, though, about a general anesthetic that immediately prompts concerns of violations of bodily integrity-concerns that strip searches, vaginal examinations, and, as we shall see, post-rape medical examinations apparently do not? One answer has to do with the role played by consent in such situations. The passive, inert body of Cardozo's judgment may be more politically active than its physically active counterparts, but only if this political activity is mobilized in support of the liberty of the sovereign citizen him or herself. Liberal individuals consent to medical anesthesia for their own, “individual” greater good. If the passive, inert body is nothing more than a political “setting”, however, a field from which to gather evidence for a common good, then there is no liberal political activity to speak of. The rhetoric of consenting citizenship breaks down. More important than the role of consent in these approaches to general anesthetic, though, is arguably the sexual connotations that have grown up over the past few centuries around medicinal unconsciousness. As Dudley Buxton, writing in 1888 on “the Criminal Use of Chloroform,” noted, many cases have not been reported in which the prosecutrix has affirmed that a dentist or surgeon has violated her person while she was under the influence of anesthetic .. [B]ut it is not only designing, bad women who bring such charges. Modest, virtuous, and refined gentlewomen have been prosecutrices in these cases. The cause for this remarkable and deplorable state of things is fortunately not far to seek. Chloroform, ether, nitrous oxide, gas, cocaine, and possibly other carbon compounds, employed in producing anaesthesia possess the property of exciting sexual emotions and in many cases produce erotic hallucinations. It is undoubted that in certain persons sexual orgasm may occur during the induction of anaesthetic. It is not just the mockery of consent that is at stake in such situations, in other words-it is also involuntary (female) sexual pleasure. It is true that J.P. Payne, commenting on Buxton's assertions 100 years later, argues that such analyses of the effect of chloroform were patently incorrect. But the fact remains that alongside the fear that the physically passive body might slip into sexual activity. General anesthetic thus plays up-as a trope if not as a reality-the fundamentally sexual nature of assaults on bodily integrity. As such, again, it presents the horrifying possibility that sexual behavior or sexual identity might slip outside the bounds of the political, and in the process render legal violations of bodily integrity suddenly illegal. Strip searches, the collection of urine samples, and vaginal examinations are self-consciously modern and humane political and legal processes. All three may “seem” no different from early modern torture-each involving an obvious violation of bodily boundaries performed for the sake of (non-verbal) truth, testimony, and evidence. But they are not “actually” torture in that they do not involve-or are not meant to involve-the undermining of subjectivity, the disordering of the self, or the political and intellectual incoherence that arises from torture (or labor pains) in non-modern contexts. The unconscious orgasm of the anesthetized body, however-whether it happens in reality, or merely hovers as an unrealized possibility (or fantasy) around the passive body-shifts modern, humane violations of bodily integrity into the realm of torture and lawless violence. The basic point of the right to bodily integrity as it was articulated by Cardozo and countless others was that even and especially in an unconscious state, the liberal citizen was a coherent, politically active, self. That a sexual orgasm-"the" manifestation of the shattered, incoherent, loss of subjectivity-might occur in the midst of this unconsciousness completely undermines the very foundation of embodied political rights. In the context of rape legislation, therefore, it becomes particularly frightening, given the very slight difference between the crime of rape-an illegal violation of bodily integrity-and the gathering of forensic evidence following rape-a legal violation of the same bodily integrity."

- Bodily integrity

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"[I]n both Turkey and in the United States, it is the very notion of a protected right to bodily integrity-the maintenance of a hyperbolic political subjectivity-that makes these legal violations of bodily integrity possible. In Turkey, especially after 1999, this political subjectivity was maintained via a resource to consent. Undertaken on the bodies of “consenting citizens” who had, in consenting, waived their rights, the violation of bodily integrity implicit in the virginity examination was simultaneously a fortification of the right to bodily integrity. A waived right is still a right. Consent plays less of a role in the vaginal searches undertaken by United States police officers and customs officials-indeed Rodriques insisted that she had been physically forced onto and held down on the examination table. But a second, equally effective protector of rights was mobilized instead-that is, the issuance of a search warrant. Like the right to consent, the search warrant exists to protect United States citizens' rights, particularly their right to privacy-a right which by the 1990s had become inextricably entangled with the right to bodily integrity. The issuance of a search warrant, however- like consent-waives this right even as it reinforces it. It is precisely the protected nature of Rodriques privacy and bodily integrity-the existence of her rights-that make possible a legal search of her vagina. Neither the virginity examination nor the vaginal search is thus a rape. Neither is torture. Each is instead nothing more nor less than a reinforcement of a woman's right and duty to protect her bodily orders and to protect her political subjectivity via the violation of each."

- Bodily integrity

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"With the publication of these two reports, and become the first... Israeli organizations to state... based on meticulous documentation and research: Israel is committing genocide... This is another milestone in the human rights community’s efforts to hold Israeli authorities accountable for their crimes... Amid... efforts by the Israeli government to crack down on... human rights organizations, such publications demanded courage and unyielding commitment... Their findings must be heeded... and translated into action to... dismantle... apartheid against all Palestinians whose rights Israel controls. ...B’Tselem’s report builds on... work undertaken for decades to document Israel’s crimes... and demonstrate the cloak of that has sheltered Israeli authorities from accountability. The report’s findings... are... damning and illustrate the importance... to stop Israel’s genocide with... demands to end its unlawful occupation... and dismantle its system of apartheid. ...The publication... coincides with... the UN conference on Palestine in New York. Their... findings add to the... call for... states to recognize Israel’s action... for what it is: genocide. States... must take urgent and effective measures to end Israel’s impunity for its human rights violations against Palestinians and stop its genocide, apartheid and unlawful occupation. Palestinians have... suffered irreversible harm; the horrors... will require generations to recover... States must not miss yet another opportunity to change course, restore... faith in international law and enable Palestinians to begin their recovery..."

- Our Genecide (B'Tselem)

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