Bodily self-determination: a graduated right

Bodily autonomy is regarded as a human right. It has never been afforded equally to all, however: the right to decide what happens to one’s own body is different for a child or an incapacitated person than it is for a “normal” adult. My studies of the development of the law since the beginning of the 20th century illuminate the forces and insights that have helped transform bodily autonomy into a more general right. Today, the subjective well-being as well as the will of the affected persons is at the forefront. But bodily autonomy remains a challenging area for the law.