Personal Autonomy and Human Corporeality: What Protects the Right to Personal Integrity?

Abstract

This paper discusses the controversial and evolving nature of the right to personal integrity in the context of modern legal discourse, with a specific focus on its intersection with bodily boundaries and bio- and digital technologies. It points out that the traditional understanding of this right may no longer be sufficient to protect individuals, especially given the advancements in digital technologies, the Internet of bodies (IoB), as well as the challenges posed by the COVID-19 pandemic.

This research highlights the ongoing debate and legal complexities surrounding the right to personal integrity and personal autonomy, especially in the face of technological advancements, and suggests the need for a broader perspective to safeguard human dignity and physicality, both in the physical and digital domains. For these purposes, the evolving legal landscape is explored, with reference to the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

We believe that the classic concept of the right to personal integrity no longer ensures the security of the individual, and in order to achieve this goal, it is necessary to expand its scope taking into account the human dignity, especially in the context of the continuous progress of bio- and digital technologies.